LRB-6056/1
ZDW:emw&cjs
2021 - 2022 LEGISLATURE
March 10, 2022 - Introduced by Representatives S. Rodriguez, Hong, Sinicki, B.
Meyers
, Hebl, Subeck and Considine. Referred to Committee on Rules.
AB1187,1,5 1An Act to repeal 349.13 (3m) (e) 1.; and to create 349.13 (3m) (a) 1e., 349.13 (3m)
2(d) 4., 349.13 (3m) (d) 5., 349.13 (3m) (dn), 349.13 (3m) (dw), 349.13 (3m) (dx)
3and 349.13 (3m) (f) of the statutes; relating to: the towing of vehicles from
4private property and repealing administrative rules promulgated by the
5Department of Transportation.
Analysis by the Legislative Reference Bureau
This bill authorizes municipalities to, by ordinance, provide for various options
relating to the towing of motor vehicles from private property.
Under current law, a vehicle may be removed from private property only by a
towing service. The towing service may charge reasonable charges for removal and
storage of the vehicle.
The bill provides that the governing body of a municipality may, by ordinance,
allow 1) the owner or authorized operator of any motor vehicle to be towed to remove
the vehicle or correct the violation before the vehicle is attached to a tow truck at no
charge and 2) the owner or authorized operator of a vehicle already attached to a tow
truck to prevent the towing of the vehicle by payment of a drop fee not to exceed $50.
The bill also provides that an ordinance may include provisions relating to 1)
advising vehicle owners or operators of the option of paying a drop fee; 2) the signing
of a waiver if a vehicle owner or operator declines to pay a drop fee; and 3) acceptable
forms of payment of a drop fee.
The bill eliminates the Department of Transportation's authority to
promulgate rules establishing reasonable charges for removal and storage of

vehicles. The charges currently provided for in the administrative code are
incorporated into law by the bill, and the relevant provisions of the administrative
code are repealed.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1187,1 1Section 1. 349.13 (3m) (a) 1e. of the statutes is created to read:
AB1187,2,52 349.13 (3m) (a) 1e. “Fully hooked up” means a vehicle to be towed by a towing
3service is fully prepared for transport by attachment to a tow truck, lifted in tow
4position, with tow lights and safety chains attached, and, if required, placed on a
5dolly in a raised position.
AB1187,2 6Section 2. 349.13 (3m) (d) 4. of the statutes is created to read:
AB1187,2,127 349.13 (3m) (d) 4. Upon payment of the charges for removal and storage of the
8vehicle, the towing service shall provide the vehicle owner a printed receipt that
9includes signatures of both a representative of the towing service and the vehicle
10owner, the date and time the vehicle was removed, and information regarding the
11local law enforcement agency to which the towing service provided the information
12required under subd. 2.
AB1187,3 13Section 3 . 349.13 (3m) (d) 5. of the statutes is created to read:
AB1187,2,1914 349.13 (3m) (d) 5. If a towing service charges a vehicle owner as provided under
15par. (dw) 4., the towing service shall include on the receipt required under subd. 4.
16a description of the conditions specified in par. (dw) 4. a. to c. that apply to the vehicle
17removal. If a towing service charges a vehicle owner as provided under par. (dw) 4.
18b., the towing service shall also provide the vehicle owner a photograph of the vehicle
19as it was parked prior to removal.
AB1187,4 20Section 4. 349.13 (3m) (dn) of the statutes is created to read:
AB1187,3,4
1349.13 (3m) (dn) If the towing service charges a service fee to the vehicle owner
2as required under par. (dm), the towing service may charge the vehicle owner an
3additional service fee not to exceed the fee amount remitted to the municipality
4under par. (dm).
AB1187,5 5Section 5. 349.13 (3m) (dw) of the statutes is created to read:
AB1187,3,86 349.13 (3m) (dw) A towing service may not charge a vehicle owner an amount
7related to removal and storage of the vehicle from private property that exceeds the
8following:
AB1187,3,99 1. For vehicle removal, $150.
AB1187,3,1110 2. For each period of 24 consecutive hours that the vehicle is stored at an
11outdoor storage facility, $25.
AB1187,3,1312 3. For each period of 24 consecutive hours that the vehicle is stored at an indoor
13storage facility, $35.
AB1187,3,2014 4. For any other necessary and commercially reasonable charges relating to the
15use of special equipment in the removal or storage, or both, of the vehicle, and for any
16expenses incurred by the towing service relating to travel exceeding 20 miles, $150.
17Administrative fees, gate fees, lien processing fees, or any other fees for equipment
18or procedures ordinarily required for the removal or storage of a vehicle may not be
19charged under this paragraph. A towing service may collect charges under this
20subdivision if any of the following applies:
AB1187,3,2421 a. The removed vehicle possesses unusual characteristics, such as size or
22mechanical condition, that make the maximum removal charge under subd. 1.
23unreasonably low or the vehicle has a gross vehicle weight rating or registered
24weight of 10,001 pounds or more.
AB1187,4,3
1b. The location in which the removed vehicle was parked contains certain
2spatial constraints or limited access to the parked vehicle impeding the tow that
3make the maximum removal charge under subd. 1. unreasonably low.
AB1187,4,134 c. The round trip travel by the towing service exceeds 20 miles. A towing service
5may charge a surcharge of $3 per mile under this subd. 4. c. for miles in excess of 20
6miles traveled to and from the storage facility. The towing service shall establish the
7mileage from the tow truck odometer and shall include on the tow slip the beginning
8and ending odometer readings to the one-tenth per mile. If the tow truck is
9dispatched from a location other than the storage facility, the one-way mileage
10between the location from which the vehicle is removed and the storage facility shall
11be multiplied by 2. Mileage fractions less than five-tenths shall be omitted and
12mileage fractions of five-tenths or more shall be rounded up to the nearest whole
13number.
AB1187,6 14Section 6. 349.13 (3m) (dx) of the statutes is created to read:
AB1187,4,2115 349.13 (3m) (dx) For purposes of determining charges under par. (dw), the
16storage period is the number of consecutive 24-hour periods beginning on the date
17and time that the towing service provides the notice required under par. (d) 2. and
18ending when the vehicle is retrieved, rounded up to the nearest whole number. No
19towing service may charge a storage fee for any calendar day that the storage facility
20is open less than 4 consecutive hours between the hours of 8 a.m. and 5 p.m. for
21retrieval of the vehicle.
AB1187,7 22Section 7. 349.13 (3m) (e) 1. of the statutes is repealed.
AB1187,8 23Section 8. 349.13 (3m) (f) of the statutes is created to read:
AB1187,4,2524 349.13 (3m) (f) The governing body of a municipality may, by ordinance,
25authorize any of the following:
AB1187,5,4
11. If the owner or authorized operator of any motor vehicle to be towed is
2present and offers to remove the vehicle from the property or correct the violation
3before the vehicle is attached in any way to a tow truck, the towing service may not
4charge any fee to the vehicle owner.
AB1187,5,105 2. If a towing service has attached towing equipment to a vehicle to be towed
6but the vehicle is not fully hooked up, the owner or authorized operator of the vehicle
7may request that the vehicle not be towed and shall be liable for a drop fee in an
8amount not to exceed $50, in lieu of towing, provided the vehicle owner or authorized
9operator is willing and able to pay the drop fee and remove the vehicle or otherwise
10correct the violation.
AB1187,5,1611 3. If an owner or authorized operator of a motor vehicle to be towed is present
12before the vehicle is fully hooked up, the towing service shall advise the owner or
13authorized operator that he or she may pay the drop fee to prevent the towing of the
14vehicle. The towing service shall advise the owner or authorized operator of
15acceptable forms of payment and allow the owner or authorized operator at least 5
16minutes to arrange for payment of the drop fee.
AB1187,5,2117 4. If an owner or authorized operator of a motor vehicle to be towed pays the
18applicable drop fee, the towing service may not tow the vehicle. For purposes of this
19paragraph, a towing service shall accept payment by cash, credit card, or debit card
20for the drop fee and shall issue the person making the payment a receipt of payment
21of the drop fee.
AB1187,5,2422 5. If the owner or authorized operator of a motor vehicle is advised of and
23declines to pay the drop fee, the owner or authorized operator shall sign in duplicate
24a drop fee waiver form provided by the towing service.
AB1187,9 25Section 9. Trans 319.03 of the administrative code is repealed.
AB1187,10
1Section 10. Effective dates. This act takes effect on the day after publication,
2except as follows:
AB1187,6,33 (1) The treatment of administrative rules takes effect as provided in s. 227.265.
AB1187,6,44 (End)
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