LRB-5200/1
EVM:amn&wlj
2017 - 2018 LEGISLATURE
January 19, 2018 - Introduced by Senators Johnson and Carpenter, cosponsored
by Representatives Crowley, Zamarripa, Fields, Kessler, Considine, Novak,
Tusler, Sinicki, Rodriguez, Kitchens, Tranel and Goyke. Referred to
Committee on Judiciary and Public Safety.
SB707,1,4
1An Act to amend 346.01 (2); and
to create 346.575, 346.60 (6) and 349.107 of
2the statutes;
relating to: the use of automated speed enforcement systems and
3traffic control photographic systems in the city of Milwaukee and providing a
4penalty.
Analysis by the Legislative Reference Bureau
This bill allows law enforcement agencies in the city of Milwaukee to use an
automated speed enforcement system (ASES) to identify speed limit violations and
allows the common council of the City of Milwaukee to enact an ordinance that
permits the use of a traffic control photographic system (TCPS) on highways under
the jurisdiction of the city to identify traffic signal violations.
Under current law, law enforcement officers may not use any radar device
combined with photographic identification of a vehicle to determine compliance with
motor vehicle speed limits. Under this bill, local law enforcement agencies in the city
of Milwaukee may use an ASES to determine compliance with speed limits. With
exceptions, the vehicle owner is subject to a forfeiture for a speed limit violation
detected by an ASES. However, no traffic citation may be issued for a speed limit
violation for which the ASES indicated a speed of less than 20 miles per hour above
the speed limit alleged to be violated. The owner is subject to the same forfeiture that
would be applicable to the vehicle operator for the violation. The bill also imposes
a number of administrative requirements on a law enforcement agency that uses an
ASES to determine compliance with speed limits. The authorization of the use of
ASES to determine compliance with speed limits expires five years after this bill
takes effect.
This bill also authorizes the common council of the City of Milwaukee to enact
an ordinance that permits the use of a TCPS on highways under the jurisdiction of
the city to detect motor vehicles that fail to properly stop at red traffic signals at
intersections. A TCPS is an electronic system that automatically produces
photographs of motor vehicles traveling through an intersection. With exceptions,
the vehicle owner may be subject to a forfeiture for a traffic signal violation detected
by a TCPS of not more than the amount provided for a traffic signal violation under
current law, currently between $40 to $100. The authorization of the use of a TCPS
to detect traffic signal violations expires five years after this bill takes effect.
Forfeitures collected under either of these authorizations must be appropriated
to the agency providing police service in the political subdivision that collected the
forfeiture.
For further information see the state and 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:
SB707,1
1Section
1. 346.01 (2) of the statutes is amended to read:
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346.01
(2) In this chapter, notwithstanding s. 340.01 (42), “owner" means, with
3respect to a vehicle that is registered, or is required to be registered, by a lessee of
4the vehicle under ch. 341, the lessee of the vehicle for purposes of vehicle owner
5liability under ss. 346.175, 346.195, 346.205, 346.452, 346.457, 346.465, 346.485,
6346.505 (3),
346.575, 346.675, and 346.945.
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7Section
2. 346.575 of the statutes is created to read:
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8346.575 Owner's liability for speed restriction violations detected by
9an automated speed enforcement system. (1) In this section, “automated speed
10enforcement system” or “system” means an electronic device that uses automated
11equipment to detect a vehicle's speed and that is designed to obtain a clear visual
12image of a vehicle's license plate.
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1(2) Notwithstanding s. 349.02 (3) (b) and subject to sub. (6), a local law
2enforcement agency with jurisdiction over traffic violations may use an automated
3speed enforcement system to determine compliance with a speed restriction
4established under s. 346.57 or 349.11 on highways under its jurisdiction. Subject to
5sub. (5) (b), the owner of a vehicle involved in a violation of s. 346.57, or a local
6ordinance in conformity with s. 346.57, that is determined by a system shall be liable
7for the violation as provided in this section.
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8(3) If a traffic officer prepares a uniform traffic citation under s. 345.11 for a
9violation of this section, the officer shall serve the owner of the vehicle with the
10citation by mailing the citation by certified mail addressed to the owner's last-known
11address within 5 business days after the violation. A traffic officer shall send with
12the citation a duplicate of a visual image, taken by the automated speed enforcement
13system, of the rear license plate of the vehicle involved in the violation, the system
14location, and the date and time when the violation occurred. No traffic citation may
15be issued for a violation under this section for which the system indicated a speed of
16less than 20 miles per hour above the speed restriction established under s. 346.57
17or 349.11.
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18(4) Any forfeiture collected under this section shall be appropriated to the
19agency providing police services in the collecting city, village, town, or county for
20public safety purposes.
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21(5) (a) Except as provided in par. (b), it is not a defense to a violation of this
22section that the owner was not operating the vehicle at the time of the violation.
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(b) All of the following are defenses to a violation of this section:
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11. That a report that the vehicle was stolen was made by the owner to a law
2enforcement agency before the violation occurred or within a reasonable time after
3the violation occurred.
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2. That the owner of the vehicle provided a traffic officer with the name and
5address of the person operating the vehicle at the time of the violation and the person
6so named admits operating the vehicle at the time of the violation. In that case, the
7person operating the vehicle may be charged with a violation of s. 346.57 or a local
8ordinance in conformity with s. 346.57.
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3. That the vehicle is owned by a lessor of vehicles and is registered in the name
10of the lessor, that at the time of the violation the vehicle was in the possession of a
11lessee, and that the lessor provided a traffic officer with the information required
12under s. 343.46 (3). In that case, the lessee may be charged with a violation of s.
13346.57 or a local ordinance in conformity with s. 346.57.
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4. That the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.), but
15including the persons specified in s. 340.01 (11) (a) to (d), that at the time of the
16violation the vehicle was being operated by a person on a trial run, and that the
17dealer provided a traffic officer with the name, address, and operator's license
18number of the person operating the vehicle. In that case, the person operating the
19vehicle may be charged with a violation of s. 346.57 or a local ordinance in conformity
20with s. 346.57.
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21(6) (a) If a local law enforcement agency uses an automated speed enforcement
22system, the local law enforcement agency shall do all of the following:
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1. Clearly identify the presence of a system by signs stating “Photo Enforced,”
24along with the posted speed limit. The signs shall be visible to traffic traveling on the
25highway from the direction of travel for which the system is used, and shall be posted
1at all locations the department determines are necessary to provide adequate notice
2of the presence of a system.
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2. Identify the streets or portions of streets for which the use of a system has
4been approved and the hours of enforcement on the local law enforcement agency's
5website. The information under this paragraph shall be updated whenever the local
6law enforcement agency changes locations that are enforced with a system or hours
7of enforcement.
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3. a. Use law enforcement officers or other trained designated employees to
9oversee the operation of systems and maintain control over all enforcement
10activities, including the determination of when a citation should be issued.
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b. Law enforcement officers and other designated employees shall be properly
12trained in the use of a system, including, the operation, set-up, and testing of a
13system deployed by the law enforcement agency and the enforcement of traffic and
14speeding laws.
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c. The local law enforcement agency shall retain documentation demonstrating
16the successful completion of required training by a law enforcement officer or
17designated employee who oversees the operation of a system and enforcement
18activities.
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4. Ensure that the system is regularly inspected and certify that the system is
20installed and operating properly. The local law enforcement agency shall calibrate
21each camera unit in accordance with the manufacturer's instructions, and shall
22ensure that, at least once a year, each camera unit is calibrated by an independent
23calibration laboratory. The local law enforcement agency shall retain documentation
24of the regular inspection, operation, and calibration of a system until the date on
25which the system has been permanently removed from use.
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15. Use a system that provides real-time notification when violations are
2detected.
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(b) Before using an automated speed enforcement system under this section,
4a law enforcement agency shall do all of the following:
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1. Administer a public information campaign for at least 30 days before the
6commencement of use of a system. The campaign shall include public
7announcements in major media outlets and press releases. The campaign shall
8include the following information:
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a. The system use policy under par. (c).
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b. The system impact report under par. (d).
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c. The date on which use of systems will begin.
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d. The highways on which systems will be used.
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e. The law enforcement agency's website.
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2. Issue warning notices rather than citations for violations detected by a
15system during the first 90 days during which a system is used under this section.
16Whenever a system is first used on a highway, the local law enforcement agency shall
17issue warning notices rather than citations for violations detected by the systems
18during the first 30 calendar days of enforcement.
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(c) A local law enforcement agency shall prepare and adopt a system use policy
20before entering into an agreement regarding a system, purchasing or leasing
21equipment for a system, or implementing this section. The system use policy shall
22include the specific purpose for the system, the uses that are authorized, the rules
23and processes required before that use, and the uses that are prohibited. The policy
24shall specify the information that may be collected by a system, the individuals who
25may access and use the collected information, and the procedure for accessing and
1using the information. The policy shall include provisions for protecting data from
2unauthorized access, data retention, public access, 3rd-party data sharing, training,
3auditing, and oversight. The system use policy shall be made available for public
4review, including by posting it on the local law enforcement agency's website, at least
530 calendar days before adoption.
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(d) A local law enforcement agency shall prepare and adopt a system impact
7report and make the report available for public review at least 30 days before
8approval. The system impact report shall include all of the following:
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1. A description of the systems to be used and how they work.
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2. The proposed purpose of a system.
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3. The locations in which a system may be deployed and traffic data for these
12locations.
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4. An assessment of the potential impact of the system on civil liberties and civil
14rights and any plans to safeguard those public rights.
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5. If potential deployment locations of systems are predominantly in
16low-income neighborhoods, a determination as to why these locations experience
17high fatality and injury collisions due to unsafe speed.
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6. The fiscal costs of a system, including establishment costs, ongoing costs, and
19program funding.
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(e) A local law enforcement agency shall develop uniform guidelines for all of
21the following:
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1. The screening and issuing of citations under this section.
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2. The processing and storage of confidential information under this section
24and procedures to ensure compliance with confidentiality requirements.
SB707,8,12
1(f) A contract between a local law enforcement agency and a manufacturer or
2supplier of an automated speed enforcement system shall allow the agency to
3purchase materials, lease equipment, and contract for processing services from the
4manufacturer or supplier based on the services rendered on a monthly schedule or
5another schedule agreed upon by the agency and contractor. The contract may not
6include provisions for payment or compensation based on the number of citations
7issued under this section, or as a percentage of revenue generated, from the use of
8the system. The contract shall include a provision that all data collected from a
9system is confidential, and shall prohibit the manufacturer or supplier of a system
10from sharing, repurposing, or monetizing collected data. The local law enforcement
11agency shall oversee and maintain control over all enforcement activities, including
12the determination of when a citation should be issued.
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(g) Two years after implementation of an automated speed enforcement
14program and 5 years after the effective date of this paragraph .... [LRB inserts date],
15a local law enforcement agency shall prepare and submit to the standing committees
16of the legislature with jurisdiction over transportation matters a system report that
17includes all of the following information: