An Act to amend 349.115 (1) and 349.115 (3); to create 349.115 (1m) of the statutes; Relating to: impoundment of vehicles used in certain reckless driving offenses. (FE)
AB78 amends Wisconsin’s vehicle impoundment law for certain reckless driving-related offenses. Under current law, a political subdivision may authorize law enforcement to impound a vehicle used in a violation of s. 346.62 (the state’s reckless driving statute) when the cited driver is also the vehicle owner and has an unpaid prior conviction-related forfeiture. The bill keeps that basic authority but adds a new requirement that officers make a reasonable effort to determine whether the vehicle has been reported stolen before or after impoundment.
The bill also creates a new process for stolen vehicles that are impounded under this authority. If a vehicle is found to be stolen, law enforcement or the local government must make a reasonable attempt to contact the owner, and the vehicle must be returned without any fee or charge. If the stolen vehicle remains unclaimed for more than 60 days, the local government may dispose of it using the abandoned-vehicle procedures in s. 342.40. The bill also clarifies that, for non-stolen impounded vehicles, disposal may occur after 90 days if the vehicle remains unclaimed, subject to the new stolen-vehicle exception.
In practical terms, AB78 affects local governments, police departments, vehicle owners, and towing/storage operators. It preserves local discretion to impound vehicles used in certain reckless driving offenses, but it limits the financial burden on owners of stolen vehicles by requiring free return of those vehicles. It also ties impoundment and disposal procedures more closely to Wisconsin’s abandoned-vehicle framework, which may affect towing, storage, and disposition practices.
The general sentiment around the bill appears neutral to supportive based on the available record. There are no committee transcripts or recorded votes in the provided materials, and the only noted action is that a representative was added as a coauthor, which suggests continued legislative support rather than controversy. The bill’s structure indicates an effort to balance traffic-safety enforcement with protections for innocent vehicle owners whose cars are stolen and later impounded.
No specific points of contention are documented in the available materials, but the likely policy tension is between law enforcement’s discretion to impound vehicles used in reckless driving offenses and concerns about fairness, costs, and property rights when the vehicle is stolen. The new fee waiver and owner-notification requirement for stolen vehicles appear designed to address that concern while preserving impoundment authority for repeat reckless driving violations.
AB78 amends s. 349.115 of the Wisconsin Statutes, which governs local authority to impound vehicles used in certain reckless driving offenses under s. 346.62. It adds a new subsection requiring reasonable efforts to check whether an impounded vehicle has been reported stolen, to contact the owner if it has, and to return stolen vehicles without fees or charges. It also modifies the disposal timeline and procedure for impounded vehicles by incorporating an exception for stolen vehicles and by continuing to allow disposal under the abandoned-vehicle process in s. 342.40 after the applicable waiting period. The bill primarily affects local governments, law enforcement agencies, vehicle owners, and towing/storage providers.
The available legislative record suggests a generally supportive and noncontroversial posture toward the bill. There are no recorded votes or committee hearing transcripts in the provided materials, but the addition of a coauthor indicates at least some legislative backing. The bill’s focus on both public safety and protection of stolen-vehicle owners suggests a pragmatic, balanced approach rather than a partisan or highly contested measure.
No explicit objections or amendments are documented in the provided materials. The main policy issue implicit in the bill is the balance between giving police and local governments discretion to impound vehicles used in reckless driving offenses and ensuring that innocent owners of stolen vehicles are not charged impound, towing, or storage fees. Any contention would likely center on enforcement discretion, administrative burden on law enforcement to verify stolen status, and the financial implications for local governments and towing contractors.