Wisconsin 2025 Regular Session Status: To Executive Bipartisan · 19 R · 2 D cosponsors

AB 78 — Relating to: impoundment of vehicles used in certain reckless driving offenses. (FE)

Last action — Representative Emerson added as a coauthor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been sent to the executive. Introduced February 28, 2025. It awaits signature.

Next likely step: the executive signs it into law or issues a veto.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 90% · high confidence

  • To Executive

    Current position in the legislative process.

  • 23 sponsors

    1 primary, 22 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (19 R · 2 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

An Act to amend 349.115 (1) and 349.115 (3); to create 349.115 (1m) of the statutes;

Bill Text

What changed in the latest version

67 added · 9 removed

Plain-language change summary

The amendments to Assembly Bill 78 have expanded the circumstances under which vehicles can be impounded for reckless driving offenses. Previously, only vehicles owned by individuals with prior reckless driving convictions could be impounded, but now, any vehicle used in a reckless driving event can be impounded regardless of ownership or driving history. This change aims to enhance public safety by addressing reckless driving more stringently, and it ensures that vehicles will remain impounded until any outstanding fines are paid. Additionally, law enforcement officers are required to check if impounded vehicles have been reported stolen.

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- 2026 LEGISLATURE LRBa0082/1 EVM:cdc ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 78 March 13, 2025 - Offered by RepresentatONOVAN .
- 2026 LEGISLATURE LRB-1530/1 EVM:emw&skw ASSEMBLY BILL 78 February 28, 2025 - Introduced by RepresentativeONOVAN , ODRIGUEZ , ALLEN, DITTRICH, DUCHOW , GOODWIN , UNDRUM , NODL , MAXEY, MELOTIK , URPHY , MURSAU , N OVAK , O'CONNOR , O RTIZ-VELEZ, PENTERMAN , P IWOWARCZYK , STEFFEN, TITTL, TUSLER and W ICHGERS , cosponsored by Senators WANGGAARD and TOMCZYK .
At the locations indicated, amend the bill as follows:
Referred to Committee on Criminal Justice and Public Safety.
1.
A N A CT to amend 349.115 (1) and 349.115 (3);
Page 2, line 5:
to create 349.115 (1m) of the statutes;
after XcitationY insert Xor making an arrestY.
relating to:
2.
impoundment of vehicles used in certain reckless driving offenses.
Page 3, line 8:
Analysis by the Legislative Reference Bureau Under current law, a political subdivision may enact an ordinance authorizing law enforcement officers to impound vehicles used in reckless driving offenses if the person cited for reckless driving is the owner of the vehicle and the person has a prior reckless driving conviction for which a forfeiture was imposed that has not been fully paid.
delete XcitationY and substitute Xcitation chargeY.
Under this bill, such an ordinance may authorize the impoundment of any vehicle used in a reckless driving offense regardless of ownership of the vehicle or prior record of the operator.
The bill also provides that a local ordinance may authorize impounding such a vehicle until outstanding fines and forfeitures owed by the vehicle’s owner are fully paid.
Also under the bill, upon impounding a vehicle under such an ordinance, the law enforcement officer must attempt to determine if the vehicle has been reported as stolen, and if so, the officer or the impounding political subdivision must attempt to contact the owner.
If the vehicle is reported as stolen, the vehicle must be released to the owner without the payment of a fee or charge.
- 2026 Legislature - 2 - LRB-1530/1 EVM:emw&skw ASSEMBLY BILL 78 SECTION 1 For further information see the local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
S ECTION 1.
349.115 (1) of the statutes is amended to read:
349.115 (1) A political subdivision may, by ordinance, authorize a law enforcement officer to impound any vehicle used in the commission of a violation of s.
346.62 or a local ordinance in strict conformity with s.
346.62 at the time of issuing a citation for the offense if the person cited is the owner of the vehicle and the person has a prior conviction for a violation of s.
346.62 or a local ordinance in strict conformity with s.
346.62 for which a forfeiture was imposed that has not been fully paid.
The ordinance may provide for impoundment of the vehicle until the person fully pays the prior forfeiture amount and reasonable costs of impounding the vehicle, including towing or other transportation costs and storage costs, and any outstanding fine or forfeiture owed by the owner of the vehicle are fully paid.
S ECTION 2.
349.115 (1m) of the statutes is created to read:
349.115 (1m) Upon impounding a vehicle under sub.
(1), a law enforcement officer shall make a reasonable effort to determine if the vehicle has been reported as stolen.
If the officer determines that the vehicle has been reported as stolen, the officer or political subdivision shall make a reasonable attempt to contact the owner.
Notwithstanding sub.
(2), the political subdivision shall return to its owner a vehicle reported as stolen and impounded under sub.
(1) without the payment of a fee or charge.
If a vehicle reported as stolen remains unclaimed for more than 60 days after impoundment, the political subdivision may dispose of the vehicle - 2026 Legislature - 3 - LRB-1530/1 EVM:emw&skw ASSEMBLY BILL 78 S ECTION 2 following the same procedure as provided for disposing of an abandoned vehicle under s.
342.40.
SECTION 3.
349.115 (3) of the statutes is amended to read:
349.115 (3) A Subject to sub.
(1m), a political subdivision that has impounded a vehicle under sub.
(1) may dispose of the vehicle by following the same procedure as provided for disposing of an abandoned vehicle under s.
342.40 if the impounded vehicle remains unclaimed for more than 90 days after the disposition of the citation for which the vehicle was impounded.
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Action History

  1. Representative Emerson added as a coauthor

  2. Representative Billings added as a coauthor

  3. Representative Brown added as a coauthor

  4. Representative Doyle added as a coauthor

  5. Published 11-1-2025

  6. Report approved by the Governor on 10-31-2025. 2025 Wisconsin Act 46

  7. Presented to the Governor on 10-29-2025

  8. Report correctly enrolled on 10-15-2025

  9. Action ordered immediately messaged

  10. Senate Amendment 1 concurred in

  11. Received from Senate amended and concurred in as amended (Senate Amendment 1 adopted)

  12. Ordered immediately messaged

  13. Read a third time and concurred in as amended

  14. Ordered to a third reading

  15. Rules suspended to give bill its third reading

  16. Senate Amendment 1 adopted

  17. Read a second time

  18. Placed on calendar 10-14-2025 pursuant to Senate Rule 18(1)

  19. Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2

  20. Senate Amendment 1 offered by Senator Wanggaard

  21. Available for scheduling

  22. Report concurrence recommended by Committee on Judiciary and Public Safety, Ayes 7, Noes 1

  23. Executive action taken

  24. Senator Carpenter added as a cosponsor

  25. Read first time and referred to committee on Judiciary and Public Safety

  26. Received from Assembly

  27. Ordered immediately messaged

  28. Read a third time and passed

  29. Rules suspended

  30. Ordered to a third reading

  31. Assembly Amendment 1 adopted

  32. Assembly Amendment 1 offered by Representative Donovan

  33. Read a second time

  34. Referred to calendar of 3-13-2025 pursuant to Assembly Rule 45 (1)

  35. Report passage recommended by Committee on Criminal Justice and Public Safety, Ayes 15, Noes 0

  36. Executive action taken

  37. Public hearing held

  38. Read first time and referred to Committee on Criminal Justice and Public Safety

  39. Introduced by Representatives Donovan, Rodriguez, Allen, Dittrich, Duchow, Goodwin, Gundrum, Knodl, Maxey, Melotik, Murphy, Mursau, Novak, O'Connor, Ortiz-Velez, Penterman, Piwowarczyk, Steffen, Tittl, Tusler and Wichgers; cosponsored by Senators Wanggaard and Tomczyk

Sponsors

Sponsorship breakdown

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1 sponsors · 22 co-sponsors · 109 not signed on

Sponsors (1)

Co-sponsors (22)

Not signed on (109)

109 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does AB 78 do?
An Act to amend 349.115 (1) and 349.115 (3); to create 349.115 (1m) of the statutes;
Who sponsors AB 78?
AB 78 is sponsored by Wanggaard, Tomczyk, Donovan, Bob (Republican), Rodriguez, Jessie (Republican), Allen, Scott (Republican), Dittrich, Barbara (Republican), Duchow, Cindi (Republican), Goodwin, Russell (Democrat), Gundrum, Rick (Republican), Knodl, Daniel (Republican), Maxey, Dave (Republican), Melotik, Paul (Republican), Murphy, David (Republican), Mursau, Jeffrey (Republican), Novak, Todd (Republican), O'Connor, Jerry (Republican), Ortiz-Velez, Sylvia (Democrat), Penterman, William (Republican), Piwowarczyk, Jim (Republican), Steffen, David (Republican), Tittl, Paul (Republican), Tusler, Ron (Republican), and Wichgers, Chuck (Republican).
What is the current status of AB 78?
This bill has been sent to the executive. Introduced February 28, 2025. It awaits signature.
Where can I track AB 78?
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