2015 - 2016 LEGISLATURE
May 19, 2015 - Introduced by Representatives Murtha, Petryk, Horlacher,
Jarchow, Kahl, Tittl, Jacque, Murphy, E. Brooks, Berceau, T. Larson, A.
Ott
, Kitchens, Subeck, Mursau, Knodl, Ripp, Petersen and Ballweg,
cosponsored by Senators Harsdorf, Olsen, Marklein, Miller and Vinehout.
Referred to Committee on Urban and Local Affairs.
AB232,1,3 1An Act to amend 342.40 (2), 342.40 (3) (b), 342.40 (3) (c), 342.40 (3) (e), 968.20
2(3) and 973.075 (4); and to create 45.095 of the statutes; relating to: donation
3of abandoned or seized vehicles.
Analysis by the Legislative Reference Bureau
Under current law, if a vehicle is left unattended for a certain period of time,
the vehicle is generally considered abandoned. Current law requires an abandoned
vehicle to be impounded until claimed or disposed of. If an authorized municipal or
county representative determines that the cost of towing and storage in
impoundment exceeds the abandoned vehicle's value, the municipality or county
may junk or sell that abandoned vehicle under certain conditions. This bill allows
the municipality or county to donate that abandoned vehicle as well as junk or sell
it. If an abandoned vehicle is impounded, current law allows the municipality or
county to dispose of an unclaimed impounded vehicle by sealed bid or auction sale
as provided by ordinance. If no acceptable bid is received, the municipality or county
may readvertise the sale, adjourn the sale, sell the impounded vehicle at a private
sale, or junk the impounded vehicle. This bill allows the municipality or county to
donate to a nonprofit organization an unclaimed impounded vehicle, either in lieu
of the sale or if no acceptable bid is received.
Also, under current law, if a vehicle is seized and forfeited due to the commission
of a crime, the law enforcement agency that seizes the vehicle may retain it for official

use or sell it. This bill allows the law enforcement agency to also donate the vehicle
to a nonprofit organization.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB232,1 1Section 1. 45.095 of the statutes is created to read:
AB232,2,6 245.095 Donation of abandoned or seized vehicles. A nonprofit
3organization that provides financial assistance or other services to veterans and
4their dependents that receives a vehicle donated under s. 342.40, 968.20, or 973.075
5shall use at least 50 percent of the proceeds obtained through the donation to serve
6the needs of active duty service members, veterans, or the families of veterans.
AB232,2 7Section 2. 342.40 (2) of the statutes is amended to read:
AB232,2,178 342.40 (2) Any vehicle in violation of this section shall be impounded until
9lawfully claimed or disposed of under sub. (3) except that if it is deemed by a duly an
10authorized municipal or county representative determines that the cost of towing
11and storage charges for the impoundment would exceed the value of the vehicle, the
12vehicle may be junked, donated to a nonprofit organization, or sold by the
13municipality or county prior to expiration of the impoundment period upon
14determination by the chief of police or sheriff having jurisdiction that the vehicle is
15not stolen or otherwise wanted for evidence or other reason. All substantially
16complete vehicles in excess of 19 model years of age shall be disposed of in accordance
17with sub. (3) (c).
AB232,3 18Section 3. 342.40 (3) (b) of the statutes is amended to read:
AB232,3,419 342.40 (3) (b) The owner of any abandoned vehicle except a stolen vehicle is
20responsible for the abandonment and all costs of impounding and disposing of the
21vehicle. Costs If the vehicle is sold, costs not recovered from the sale of the vehicle

1may be recovered in a civil action by the municipality against the owner. Whether
2or not the municipality recovers the cost of towing and enforcement, the municipality
3shall be responsible to the towing service for requisitional towing service and
4reasonable charges for impoundment.
AB232,4 5Section 4. 342.40 (3) (c) of the statutes is amended to read:
AB232,4,176 342.40 (3) (c) Any vehicle which is deemed abandoned by a duly authorized
7municipal or county representative and not disposed of under sub. (2) shall be
8retained in storage for a minimum period of 10 days after certified mail notice has
9been sent to the owner and lienholders of record to permit reclamation of the vehicle
10after payment of accrued charges. Such notice shall set forth the year, make, model,
11and serial number of the abandoned motor vehicle, the place where the vehicle is
12being held, and shall inform the owner and any lienholders of their right to reclaim
13the vehicle. The notice shall state that the failure of the owner or lienholders to
14exercise their rights to reclaim the vehicle under this section shall be deemed is a
15waiver of all right, title, and interest in the vehicle and a consent to the sale or
16donation
of the vehicle. Each retained vehicle not reclaimed by its owner or
17lienholder may be sold. The or donated to a nonprofit organization. If the vehicle is
18sold, the
municipality or county may dispose of the vehicle by sealed bid or auction
19sale as provided by ordinance. At such sale the highest bid for any such motor vehicle
20shall be accepted unless the same is deemed an authorized municipal or county
21representative finds the bid
inadequate by a duly authorized municipal or county
22representative
, in which event all bids may be rejected. If all bids are rejected or no
23bid is received, the municipality or county may either readvertise the sale, adjourn
24the sale to a definite date, sell the motor vehicle at a private sale or, junk the vehicle,
25or donate the vehicle to a nonprofit organization
. Any interested person may offer

1bids on each abandoned vehicle to be sold. If municipal or county ordinances do not
2state the procedure to be followed in advertising or providing public notice of the sale,
3a public notice shall be posted at the office of the municipal police department or the
4office of the county sheriff. The posting of the notice at the police or sheriff's
5department shall be in the same form as the certified mail notice sent to the owner
6or lienholders of record. Upon sale of an abandoned vehicle, the municipality or
7county shall supply the purchaser with a completed form designed by the
8department enabling the purchaser to obtain a regular certificate of title for the
9vehicle. The purchaser shall have 10 days to remove the vehicle from the storage
10area, but shall pay a reasonable storage fee established by the municipality or county
11for each day the vehicle remains in storage after the 2nd business day subsequent
12to the sale date. Ten days after the sale, the purchaser shall forfeit all interest in the
13vehicle and the vehicle shall be deemed to be abandoned and may be sold again or
14donated to a nonprofit organization
. Any listing of vehicles to be sold by any
15municipality or county shall be made available to any interested person or
16organization which makes a written request for such list. The municipality or county
17may charge a fee for the list.
AB232,5 18Section 5. 342.40 (3) (e) of the statutes is amended to read:
AB232,4,2219 342.40 (3) (e) Within 5 days after the sale, donation, or disposal of a vehicle as
20provided in this subsection or sub. (2), the municipality or county shall advise the
21department of the sale, donation, or disposition on a form supplied by the
22department.
AB232,6 23Section 6. 968.20 (3) of the statutes is amended to read:
AB232,5,2324 968.20 (3) (a) First class cities shall dispose of dangerous weapons or
25ammunition seized 12 months after taking possession of them if the owner,

1authorized under sub. (1m), has not requested their return and if the dangerous
2weapon or ammunition is not required for evidence or use in further investigation
3and has not been disposed of pursuant to a court order at the completion of a criminal
4action or proceeding. Disposition procedures shall be established by ordinance or
5resolution and may include provisions authorizing an attempt to return to the
6rightful owner any dangerous weapons or ammunition which appear to be stolen or
7are reported stolen. If enacted, any such provision shall include a presumption that
8if the dangerous weapons or ammunition appear to be or are reported stolen an
9attempt will be made to return the dangerous weapons or ammunition to the
10authorized rightful owner. If the return of a seized dangerous weapon other than a
11firearm is not requested by its rightful owner under sub. (1) and is not returned by
12the officer under sub. (2), the city shall safely dispose of the dangerous weapon or,
13if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell or donate
14the motor vehicle following the procedure under s. 973.075 (4) or authorize a law
15enforcement agency to retain and use the motor vehicle. If the return of a seized
16firearm or ammunition is not requested by its authorized rightful owner under sub.
17(1) and is not returned by the officer under sub. (2), the seized firearm or ammunition
18shall be shipped to and become property of the state crime laboratories. A person
19designated by the department of justice may destroy any material for which the
20laboratory has no use or arrange for the exchange of material with other public
21agencies. In lieu of destruction, shoulder weapons for which the laboratories have
22no use shall be turned over to the department of natural resources for sale and
23distribution of proceeds under s. 29.934 or for use under s. 29.938.
AB232,6,2224 (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village, town or
25county or other custodian of a seized dangerous weapon or ammunition, if the

1dangerous weapon or ammunition is not required for evidence or use in further
2investigation and has not been disposed of pursuant to a court order at the
3completion of a criminal action or proceeding, shall make reasonable efforts to notify
4all persons who have or may have an authorized rightful interest in the dangerous
5weapon or ammunition of the application requirements under sub. (1). If, within 30
6days after the notice, an application under sub. (1) is not made and the seized
7dangerous weapon or ammunition is not returned by the officer under sub. (2), the
8city, village, town or county or other custodian may retain the dangerous weapon or
9ammunition and authorize its use by a law enforcement agency, except that a
10dangerous weapon used in the commission of a homicide or a handgun, as defined
11in s. 175.35 (1) (b), may not be retained. If a dangerous weapon other than a firearm
12is not so retained, the city, village, town or county or other custodian shall safely
13dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as
14defined in s. 340.01 (35), sell or donate the motor vehicle following the procedure
15under s. 973.075 (4). If a firearm or ammunition is not so retained, the city, village,
16town or county or other custodian shall ship it to the state crime laboratories and it
17is then the property of the laboratories. A person designated by the department of
18justice may destroy any material for which the laboratories have no use or arrange
19for the exchange of material with other public agencies. In lieu of destruction,
20shoulder weapons for which the laboratory has no use shall be turned over to the
21department of natural resources for sale and distribution of proceeds under s. 29.934
22or for use under s. 29.938.
AB232,7 23Section 7. 973.075 (4) of the statutes is amended to read:
AB232,7,824 973.075 (4) When property is forfeited under ss. 973.075 to 973.077, the agency
25seizing the property may sell the property that is not required by law to be destroyed

1or transferred to another agency. The agency may retain any vehicle for official use
2or, sell the vehicle, or donate the vehicle to a nonprofit organization. The agency
3seizing the property may deduct 50% of the sale amount received for administrative
4expenses of seizure, maintenance of custody, advertising and court costs and the
5costs of investigation and prosecution reasonably incurred. The remainder shall be
6deposited in the school fund as the proceeds of the forfeiture. If the property forfeited
7under ss. 973.075 to 973.077 is money, all the money shall be deposited in the school
8fund.
AB232,7,99 (End)
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