2019 - 2020 LEGISLATURE
August 12, 2019 - Introduced by Representatives Crowley, Novak, Zamarripa,
Tusler, Sinicki, Tranel, Goyke, Vruwink, L. Myers, Fields, Stubbs, Neylon,
Duchow, Ballweg, Skowronski, Emerson, Rohrkaste, Rodriguez and
Vining, cosponsored by Senators Johnson, Bernier and Carpenter. Referred
to Committee on Local Government.
AB365,1,3 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 a first class city and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill allows law enforcement agencies in a first class city (presently only
Milwaukee) to use an automated speed enforcement system (ASES) to identify speed
limit violations and allows the leadership of a first class city 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 a first
class city 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 municipality 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 leadership of a first class city 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
for use by the agency providing police service in the city 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:
AB365,1 1Section 1. 346.01 (2) of the statutes is amended to read:
AB365,2,62 346.01 (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.
AB365,2 7Section 2. 346.575 of the statutes is created to read:
AB365,2,12 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 rear license plate.
AB365,3,3 13(2) Notwithstanding s. 349.02 (3) (b) and subject to sub. (6), a local law
14enforcement agency with jurisdiction over traffic violations may use an automated
15speed enforcement system to determine compliance with a speed restriction
16established under s. 346.57 or 349.11 on highways under its jurisdiction. Subject to

1sub. (5) (b), the owner of a vehicle involved in a violation of s. 346.57, or a local
2ordinance in conformity with s. 346.57, that is determined by a system shall be liable
3for the violation as provided in this section.
AB365,3,13 4(3) If a traffic officer reviews and prepares a uniform traffic citation under s.
5345.11 for a violation of this section, the officer shall serve the owner of the vehicle
6with the citation by mailing the citation by certified mail addressed to the owner's
7last-known address within 5 business days after the violation. A traffic officer shall
8send with the citation a duplicate of a visual image, taken by the automated speed
9enforcement system, of the rear license plate of the vehicle involved in the violation,
10the system location, and the date and time when the violation occurred. No traffic
11citation may be issued for a violation under this section for which the system
12indicated a speed of less than 20 miles per hour above the speed restriction
13established under s. 346.57 or 349.11.
AB365,3,17 14(4) Any forfeiture collected under this section shall be deposited in a separate
15segregated account from which moneys may be used only for purposes of traffic
16enforcement and traffic safety programs administered by the local law enforcement
17agency providing police services in the collecting municipality.
AB365,3,19 18(5) (a) Except as provided in par. (b), it is not a defense to a violation of this
19section that the owner was not operating the vehicle at the time of the violation.
AB365,3,2020 (b) All of the following are defenses to a violation of this section:
AB365,3,2321 1. That a report that the vehicle was stolen was made by the owner to a law
22enforcement agency before the violation occurred or within 7 business days after the
23violation occurred.
AB365,4,324 2. That the owner of the vehicle provided a traffic officer with the name and
25address of the person operating the vehicle at the time of the violation and the person

1so named admits operating the vehicle at the time of the violation. In that case, the
2person operating the vehicle may be charged with a violation of s. 346.57 or a local
3ordinance in conformity with s. 346.57.
AB365,4,84 3. That the vehicle is owned by a lessor of vehicles and is registered in the name
5of the lessor, that at the time of the violation the vehicle was in the possession of a
6lessee, and that the lessor provided a traffic officer with the information required
7under s. 343.46 (3). In that case, the lessee may be charged with a violation of s.
8346.57 or a local ordinance in conformity with s. 346.57.
AB365,4,159 4. That the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.), but
10including the persons specified in s. 340.01 (11) (a) to (d), that at the time of the
11violation the vehicle was being operated by a person on a trial run, and that the
12dealer provided a traffic officer with the name, address, and operator's license
13number of the person operating the vehicle. In that case, the person operating the
14vehicle may be charged with a violation of s. 346.57 or a local ordinance in conformity
15with s. 346.57.
AB365,4,17 16(6) (a) If a local law enforcement agency uses an automated speed enforcement
17system, the local law enforcement agency shall do all of the following:
AB365,4,2218 1. Clearly identify the presence of a system by signs stating “Photo Enforced,”
19along with the posted speed limit. The signs shall be visible to traffic traveling on the
20highway from the direction of travel for which the system is used, and shall be posted
21at all locations the department determines are necessary to provide adequate notice
22of the presence of a system.
AB365,5,223 2. Identify the streets or portions of streets for which the use of a system has
24been approved and the hours of enforcement on the local law enforcement agency's
25website. The information under this paragraph shall be updated whenever the local

1law enforcement agency changes locations that are enforced with a system or hours
2of enforcement.
AB365,5,53 3. a. Use law enforcement officers or other trained designated employees to
4oversee the operation of systems and maintain control over all enforcement
5activities, including the determination of when a citation should be issued.
AB365,5,86 b. Properly train law enforcement officers and other designated employees in
7the use of a system, including the operation, set-up, and testing of a system deployed
8by the law enforcement agency, and the enforcement of traffic and speeding laws.
AB365,5,119 c. Retain documentation demonstrating the successful completion of required
10training by a law enforcement officer or designated employee who oversees the
11operation of a system and enforcement activities.
AB365,5,1712 4. Ensure that the system is regularly inspected and certify that the system is
13installed and operating properly. Each camera unit shall be calibrated in accordance
14with the manufacturer's instructions, and, at least once a year, each camera unit
15shall be calibrated by an independent calibration laboratory. The municipality shall
16retain documentation of the regular inspection, operation, and calibration of a
17system until the date on which the system has been permanently removed from use.
AB365,5,1918 5. Use a system that provides real-time notification when violations are
19detected.
AB365,5,2120 (b) Before using an automated speed enforcement system under this section,
21a law enforcement agency shall do all of the following:
AB365,5,2522 1. Administer a public information campaign for at least 30 days before the
23commencement of use of a system. The campaign shall include public
24announcements in major media outlets and press releases. The campaign shall
25include the following information:
AB365,6,1
1a. The system use policy under par. (c).
AB365,6,22 b. The system impact report under par. (d).
AB365,6,33 c. The date on which use of systems will begin.
AB365,6,44 d. The highways on which systems will be used.
AB365,6,55 e. The law enforcement agency's website.
AB365,6,106 2. Issue warning notices rather than citations for violations detected by a
7system during the first 90 days during which a system is used under this section.
8Whenever a system is first used on a highway, the local law enforcement agency shall
9issue warning notices rather than citations for violations detected by the systems
10during the first 90 calendar days of enforcement.
AB365,6,2211 (c) A municipality shall prepare and adopt a system use policy before entering
12into an agreement regarding a system, purchasing or leasing equipment for a
13system, or implementing this section. The system use policy shall include the specific
14purpose for the system, the uses that are authorized, the rules and processes
15required before that use, and the uses that are prohibited. The policy shall specify
16the information that may be collected by a system, the individuals who may access
17and use the collected information, and the procedure for accessing and using the
18information. The policy shall include provisions for protecting data from
19unauthorized access, data retention, public access, 3rd-party data sharing, training,
20auditing, and oversight. The system use policy shall be made available for public
21review, including by posting it on the local law enforcement agency's website, at least
2230 calendar days before adoption.
AB365,6,2523 (d) A municipality shall prepare and adopt a system impact report and make
24the report available for public review and comment at least 30 days before approval.
25The system impact report shall include all of the following:
AB365,7,1
11. A description of the systems to be used and how they work.
AB365,7,22 2. The proposed purpose of a system.
AB365,7,43 3. The locations in which a system may be deployed and traffic data for these
4locations.
AB365,7,65 4. An assessment of the potential impact of the system on civil liberties and civil
6rights and any plans to safeguard those public rights.
AB365,7,87 5. The fiscal costs of a system, including establishment costs, ongoing costs, and
8program funding.
AB365,7,99 (e) A municipality shall develop uniform guidelines for all of the following:
AB365,7,1010 1. The screening and issuing of citations under this section.
AB365,7,1211 2. The processing and storage of confidential information under this section
12and procedures to ensure compliance with confidentiality requirements.
AB365,7,2413 (f) A contract between a municipality and a manufacturer or supplier of an
14automated speed enforcement system shall allow the municipality to purchase
15materials, lease equipment, and contract for processing services from the
16manufacturer or supplier based on the services rendered on a monthly schedule or
17another schedule agreed upon by the municipality and contractor. The contract may
18not include provisions for payment or compensation based on the number of citations
19issued under this section, or as a percentage of revenue generated, from the use of
20the system. The contract shall include a provision that all data collected from a
21system is confidential, and shall prohibit the manufacturer or supplier of a system
22from sharing, repurposing, or monetizing collected data. The local law enforcement
23agency shall oversee and maintain control over all enforcement activities, including
24the determination of when a citation should be issued.
AB365,8,5
1(g) Two years after implementation of an automated speed enforcement
2program and 5 years after the effective date of this paragraph .... [LRB inserts date],
3a municipality shall prepare and submit to the standing committees of the
4legislature with jurisdiction over transportation matters a system report that
5includes all of the following information:
AB365,8,66 1. A description of how systems were used.
AB365,8,97 2. Whether and how often system data was shared with outside entities, the
8name of any recipient entity, the type or types of data disclosed, and the legal reason
9for the disclosure.
AB365,8,1110 3. A summary of any community complaints or concerns about the use of
11systems.
AB365,8,1312 4. Results of any internal audits, information about any violations of the
13system use policy, and any actions taken in response.
AB365,8,1514 5. Information regarding the impact that the use of systems has had on the
15highways where the systems were deployed.
AB365,8,1616 6. A summary of any public records requests related to systems.
AB365,8,2417 (h) Not later than March 1 of the 5th year beginning after the effective date of
18this paragraph .... [LRB inserts date], a municipality shall prepare and submit to the
19standing committees of the legislature with jurisdiction over transportation matters
20an evaluation of the use of automated speed enforcement systems in its jurisdiction,
21including an assessment of the system's impact on highway safety and the system's
22economic impact on the communities where the system is used. The report shall be
23made available on the website of the local law enforcement agency and shall include
24all of the following information:
AB365,9,5
11. Before and after data on the number and proportion of vehicles speeding
2between 10 to 19 miles per hour over the legal speed limit, 20 to 29 miles per hour
3over the legal speed limit, 30 to 39 miles per hour over the legal speed limit, and every
4additional 10 miles per hour increment thereafter on a highway on which a system
5is used to enforce speed limits.
AB365,9,86 2. The number of citations issued under this section by month and year and the
7corridors or locations where violations occurred and, to the extent feasible, the day
8of the week and time the violation occurred.
AB365,9,119 3. Before and after data on the number of traffic collisions, categorized by injury
10severity that occurred where systems are used relative to jurisdiction-wide data and
11the mode of transportation of the parties involved.
AB365,9,1212 4. The number of citations paid and citations dismissed.
AB365,9,1413 5. The costs associated with implementation and operation of the systems, and
14revenues collected by each jurisdiction.
AB365,9,1715 6. The uses of revenues collected by use of systems in the jurisdiction, including
16information on roadway traffic safety projects, traffic safety education, and law
17enforcement activities and programs that were implemented.
AB365,9,1918 7. Before and after data on the number of law enforcement officers, including
19the number of officers dedicated to traffic enforcement.
AB365,9,2220 8. An evaluation of whether use of systems has resulted in traffic impacts on
21highways that may be susceptible to traffic diversion, in the vicinity of corridors with
22installed systems.
AB365,9,2423 9. The results of surveys and outreach to low-income and predominantly
24minority communities where systems were deployed.
AB365,10,2
1(7) A visual image made by an automated speed enforcement system is not
2subject to the right of inspection and copying under s. 19.35 (1).
AB365,10,3 3(8) This section applies only in a 1st class city.
AB365,10,5 4(9) This section does not apply 5 years after the effective date of this subsection
5.... [LRB inserts date].
AB365,3 6Section 3. 346.60 (6) of the statutes is created to read:
AB365,10,147 346.60 (6) A vehicle owner found liable under s. 346.575 is subject to a
8forfeiture in the same amount that may be imposed on a vehicle operator for the
9corresponding violation of s. 346.57 including, if applicable, the doubling of the
10forfeiture as provided in sub. (3m) (a). For purposes of this subsection, a person's
11prior violation of s. 346.57 may be counted as a prior violation of s. 346.575.
12Imposition of liability under s. 346.575 shall not result in suspension or revocation
13of a person's operating privilege under s. 343.30 or 343.31, nor shall it result in
14demerit points being recorded on a person's driving record under s. 343.32 (2) (a).
AB365,4 15Section 4. 349.107 of the statutes is created to read:
AB365,10,17 16349.107 Authority to use traffic control photographic systems. (1) In
17this section:
AB365,10,2018 (a) In addition to the meaning given in s. 340.01 (42), “owner" means, with
19respect to a vehicle that is registered, or that is required to be registered, by a lessee
20of the vehicle under ch. 341, the lessee of the vehicle.
AB365,10,2521 (b) “Traffic control photographic system" means an electronic system consisting
22of a photographic, video, or electronic camera and a vehicle sensor installed for use
23with an official traffic control signal to automatically produce photographs or video
24or digital images, stamped with the time and date, of vehicles moving through an
25intersection.
AB365,11,2
1(2) Subject to sub. (3), the leadership of a 1st class city may enact an ordinance
2that does all of the following:
AB365,11,43 (a) Subjects a person to a forfeiture for being the owner of a motor vehicle that
4does any of the following:
AB365,11,65 1. When facing a traffic control signal at an intersection that exhibits a red
6light, including a flashing red light, fully enters the intersection without stopping.
AB365,11,107 2. When facing a traffic control signal at an intersection that exhibits a red
8light, other than a flashing red light, after stopping at the intersection, proceeds
9through the intersection before the traffic control signal exhibits a green light if the
10vehicle is not making a right turn.
Loading...
Loading...