LRBa4990/1
TNF/PEN:skg/mkd:km
1995 - 1996 LEGISLATURE
ASSEMBLY AMENDMENT 1,
To 1995 SENATE BILL 565
March 27, 1996 - Offered by Representatives Otte, Dobyns, Goetsch, Zukowski,
Silbaugh, Underheim, Vrakas, Gronemus, Williams, Baumgart, Ott
and
Hubler.
SB565-AA1,1,21 At the locations indicated, amend the bill, as shown by senate substitute
2amendment 1, as follows:
SB565-AA1,1,3 31. Page 4, line 13: after the semicolon insert "vehicle abandonment;".
SB565-AA1,1,4 42. Page 48, line 17: after that line insert:
SB565-AA1,1,5 5" Section 67r. 342.40 (1) of the statutes is amended to read:
SB565-AA1,1,166 342.40 (1) No person shall leave unattended any motor vehicle, trailer,
7semitrailer or mobile home on any public highway or private or public property, for
8such time and under such circumstances as to cause the vehicle to reasonably appear
9to have been abandoned. Except as otherwise provided in this subsection section,
10whenever any vehicle has been left unattended without the permission of the
11property owner for more than 48 hours in cities of the 1st class and, in other cities,
12villages and towns, a period set by the governing body thereof, the vehicle is deemed
13abandoned and constitutes a public nuisance. A motor vehicle shall not be
14considered an abandoned motor vehicle when it is out of ordinary public view, or
15when designated as not abandoned by a duly authorized municipal or county official
16pursuant to municipal or county ordinance.
SB565-AA1, s. 67s
1Section 67s. 342.40 (3) (a) of the statutes is amended to read:
SB565-AA1,2,82 342.40 (3) (a) Any municipal or university police officer, police officer appointed
3under s. 16.84 (2),
sheriff's deputy, county traffic patrolman, state traffic officer or
4conservation warden who discovers any motor vehicle, trailer, semitrailer, or mobile
5home on any public highway or private or public property which has been abandoned
6shall cause the vehicle to be removed to a suitable place of impoundment. Upon
7removal of the vehicle the officer or warden shall notify the sheriff or chief of police
8of the abandonment and of the location of the impounded vehicle.
SB565-AA1, s. 67t 9Section 67t. 342.40 (4) of the statutes is created to read:
SB565-AA1,2,1110 342.40 (4) (a) In this subsection, "state agency" has the meaning given for
11"agency" in s. 227.01 (1).
SB565-AA1,2,1612 (b) Notwithstanding any other provision of this section, a state agency
13responsible for the land on which a vehicle is left unattended and a duly authorized
14representative of that agency may exercise all of the powers and duties under this
15section of a municipality and a duly authorized municipal representative, subject to
16the following conditions:
SB565-AA1,2,1917 1. Whenever a vehicle has been left unattended without the permission of the
18state agency for more than 72 hours, the vehicle is deemed abandoned and
19constitutes a public nuisance.
SB565-AA1,2,2320 2. The state agency may promulgate rules governing the removal and disposal
21of abandoned vehicles and, except for abandoned vehicles that have been stolen,
22provide a forfeiture in addition to providing for the recovery by the state agency of
23the cost of impounding and disposing of the vehicle.
SB565-AA1,3,3
1(c) This subsection applies to any vehicle deemed abandoned before the
2effective date of this paragraph .... [revisor inserts date], except that no forfeiture
3may be assessed against the owner of such a vehicle.
SB565-AA1, s. 67tm 4Section 67tm. 346.94 (13) of the statutes is amended to read:
SB565-AA1,3,75 346.94 (13) Abandoned motor vehicles. No person may cause a motor vehicle
6to be abandoned, within the meaning of s. 342.40 (1) or (4) (b) 1., on or along any
7highway or on any public or private property.".
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