LRB-1508/2
JJL:skg:ks
1995 - 1996 LEGISLATURE
April 6, 1995 - Introduced by Senators Weeden, Andrea, Cowles and Schultz,
cosponsored by Representatives
Lehman, Hasenohrl, Silbaugh, Hahn,
Ladwig, Baldus, Ainsworth, Green, Grothman, Gunderson, Goetsch and
Handrick. Referred to Committee on Transportation, Agriculture and Local
Affairs.
SB131,1,2
1An Act to amend 779.415 (1) (a) and 779.415 (1m) of the statutes;
relating to:
2towing and storage liens.
Analysis by the Legislative Reference Bureau
Under current law, if a person authorized to tow or store a motor vehicle does
so at the direction of a traffic officer or the vehicle's owner, that person may receive
a lien on the vehicle for towing or storage charges.
This bill increases the maximum amount of a towing lien from $50 to $75 for
a small vehicle and from $100 to $250 for a large vehicle and increases the per-day
storage charge and maximum total storage charges from $3 per day and $180 total
to $7 per day and $420 total for small vehicles and from $6 per day and $360 total
to $20 per day and $1,200 total for large vehicles.
Currently, a vehicle valued at less than $200 may be junked or sold
expeditiously to pay a towing or storage lien. The bill raises the $200 value to $500.
The bill also requires the lienholder, within 40 days after taking possession of
the vehicle, to notify in writing both the owner and the senior lienholder on the
vehicle, if any, that they may be liable for storage charges. Currently, only the senior
lienholder is required to be notified in writing, and the notice is not required to
inform the lienholder of possible liability for storage charges that accrue after the
vehicle has been held for 40 days.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB131, s. 1
3Section
1. 779.415 (1) (a) of the statutes is amended to read:
SB131,2,164
779.415
(1) (a) Every motor carrier holding a permit to perform vehicle towing
5services, every licensed motor vehicle salvage dealer and every licensed motor
1vehicle dealer who performs vehicle towing services or stores a motor vehicle, when
2such towing or storage is performed at the direction of a traffic officer or the owner
3of the vehicle, shall, if the vehicle is not claimed as provided herein, have a lien on
4such the motor vehicle for reasonable towing and storage charges, and may retain
5possession of
such property the vehicle until such charges are paid. If
such the 6vehicle is subject to a lien perfected under ch. 342,
such a towing lien shall have
7priority only to the extent of
$50 $75 for
an automobile or a motor
truck
vehicle 8having a gross weight of 20,000 pounds or less and
$100 $250 for a motor
truck 9vehicle having a gross weight of more than 20,000 pounds and
such a storage lien
10shall have priority only to the extent of
$3 $7 per day but for a total amount of not
11more than
$180 $420 for
an automobile or a motor
truck vehicle having a gross
12weight of 20,000 pounds or less and
$6 $20 per day but for a total amount of not more
13than
$360 $1,200 for a motor
truck vehicle having a gross weight of more than 20,000
14pounds. If the value of the vehicle exceeds
$200
$500, the lien may be enforced under
15s. 779.48 (2). If the value of the vehicle does not exceed
$200 $500, the lien may be
16enforced by sale or junking substantially as provided in sub. (2).
SB131, s. 2
17Section
2. 779.415 (1m) of the statutes is amended to read:
SB131,3,318
779.415
(1m) Within 40 days after taking possession of a
motor vehicle, every
19motor carrier, licensed motor vehicle salvage dealer and licensed motor vehicle
20dealer under sub. (1) shall send written notice to the
owner of the vehicle and the 21holder of the senior lien on the vehicle
informing them that they must take steps to
22obtain the release of the vehicle or the lienholder as well as the owner may be liable
23for storage charges that accrue after the vehicle has been held for 40 days. A
24reasonable effort to so notify the holder of the senior lien satisfies the notice
25requirement of this subsection. Failure to make a reasonable effort to so notify the
1senior lienholder renders void any lien to which the motor carrier, licensed motor
2vehicle salvage dealer or licensed motor vehicle dealer would otherwise be entitled
3under sub. (1).
SB131,3,6
5(1) This act first applies to vehicles towed or put into storage on the effective
6date of this subsection.
SB131,3,9
8(1)
This act takes effect on the first day of the 3rd month beginning after
9publication.
