1 | 1 | | LRB-2366/2 |
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2 | 2 | | EVM:cjs/skw/amn |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY BILL 1071 |
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5 | 5 | | February 7, 2024 - Introduced by Representatives S. JOHNSON, PENTERMAN and |
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6 | 6 | | MURPHY, cosponsored by Senator J AMES. Referred to Committee on |
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7 | 7 | | Transportation. |
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8 | 8 | | ***AUTHORS SUBJECT TO CHANGE*** |
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9 | 9 | | AN ACT to renumber 346.485 (2); to renumber and amend 346.49 (3); to |
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10 | 10 | | amend 346.485 (3) and 346.485 (4) (a); and to create 85.56, 346.485 (2) (bm), |
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11 | 11 | | 346.49 (3) (b), 346.496, 814.75 (28), 814.78 (13) and 814.79 (11) of the statutes; |
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12 | 12 | | relating to: a school bus camera grant program, a school bus safety camera |
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13 | 13 | | surcharge, owner liability for illegally passing a school bus, and providing a |
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14 | 14 | | penalty. |
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15 | 15 | | Analysis by the Legislative Reference Bureau |
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16 | 16 | | This bill creates a school bus camera grant program, imposes a school bus safety |
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17 | 17 | | camera surcharge for certain offenses, and allows the use of photographic or video |
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18 | 18 | | information to support the issuance of citations for certain traffic violations related |
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19 | 19 | | to failure to stop for a school bus that is displaying flashing red warning lights. |
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20 | 20 | | Under the bill, DOT must establish and administer a school bus camera grant |
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21 | 21 | | program. Under the program, DOT awards two types of grants to school districts for |
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22 | 22 | | school bus camera systems cameras and associated image capture and storage |
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23 | 23 | | components (camera systems) used for the purpose of capturing evidence of school |
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24 | 24 | | bus passing violations. The first type of grant may be used only for the acquisition |
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25 | 25 | | and installation of school bus camera systems. For these grants, DOT must prioritize |
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26 | 26 | | providing at least one grant to each applicant school district and equipping the |
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27 | 27 | | largest number of school buses with camera systems. The second type of grant may |
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28 | 28 | | be used for maintenance or replacement of camera systems installed on school buses |
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34 | 34 | | 6 - 2 -2023 - 2024 Legislature LRB-2366/2 |
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35 | 35 | | EVM:cjs/skw/amn |
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36 | 36 | | ASSEMBLY BILL 1071 |
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37 | 37 | | or for the acquisition or installation of camera systems on school buses. Grants under |
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38 | 38 | | either program may not exceed $5,000 for each school bus to be equipped with a |
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39 | 39 | | camera or for each school bus equipped with a camera system to be maintained or |
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40 | 40 | | replaced and may not exceed 90 percent of the cost of the project for which the grant |
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41 | 41 | | is made. |
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42 | 42 | | Current law generally requires the driver of a vehicle approaching a school bus |
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43 | 43 | | that is stopped on a highway and that is displaying flashing red warning lights to |
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44 | 44 | | stop the vehicle not less than 20 feet from the bus and to remain stopped until the |
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45 | 45 | | bus resumes motion or the school bus operator extinguishes the flashing red warning |
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46 | 46 | | lights. |
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47 | 47 | | Current law also imposes liability on the owner of a vehicle that fails to stop as |
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48 | 48 | | required for a school bus displaying flashing red warning lights (failure-to-stop |
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49 | 49 | | violation). If a school bus operator observes a failure-to-stop violation, the school |
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50 | 50 | | bus operator may prepare a written report that includes specified information. |
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51 | 51 | | Within 24 hours after the violation, the school bus operator may deliver this report |
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52 | 52 | | to a traffic officer of the county or municipality in which the failure-to-stop violation |
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53 | 53 | | occurred. Within 48 hours after receiving the report, the traffic officer may prepare |
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54 | 54 | | a uniform traffic citation for the owner of the vehicle that failed to stop. |
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55 | 55 | | Under this bill, if a school bus is equipped with a photographic or video system |
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56 | 56 | | and the owner or operator of the bus believes that a failure-to-stop violation is |
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57 | 57 | | demonstrated by a recording made by the photographic or video system, the owner |
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58 | 58 | | or operator may prepare and deliver a report to a traffic officer of the county or |
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59 | 59 | | municipality in which the failure-to-stop violation occurred. The officer may then |
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60 | 60 | | prepare a uniform traffic citation for the owner of the vehicle that failed to stop. |
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61 | 61 | | This bill also extends the period in which a report of a failure-to-stop violation |
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62 | 62 | | may be made from 24 hours after the violation to 72 hours after the violation and |
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63 | 63 | | extends the period in which a traffic officer may prepare a traffic violation from 48 |
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64 | 64 | | hours after receiving a report to five days after receiving a report. |
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65 | 65 | | In general, it is not a defense to owner liability that the owner of the vehicle was |
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66 | 66 | | not operating the vehicle at the time of the violation. Current law, however, provides |
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67 | 67 | | several defenses for imposing liability for which the identity of the party operating |
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68 | 68 | | the vehicle is a relevant consideration, including a defense under which the owner |
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69 | 69 | | has provided a traffic officer with the name and address of the person operating the |
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70 | 70 | | vehicle at the time of the violation and the person admits to operating the vehicle at |
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71 | 71 | | the time of the violation. This bill mitigates the applicable penalty if the state is |
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72 | 72 | | unable to demonstrate that the owner was operating the vehicle at the time of the |
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73 | 73 | | violation. Specifically, if the state is unable to make this showing, the minimum and |
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74 | 74 | | maximum forfeiture amounts are half of the minimum and maximum forfeiture |
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75 | 75 | | amounts that would otherwise be imposed. |
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76 | 76 | | This bill also creates a school bus safety camera surcharge. Under the bill, each |
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77 | 77 | | person who is convicted of a failure-to-stop violation must pay a $200 surcharge in |
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78 | 78 | | addition to any forfeiture and other surcharges, fees, and costs imposed as a result |
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79 | 79 | | of the violation. - 3 -2023 - 2024 Legislature |
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80 | 80 | | LRB-2366/2 |
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81 | 81 | | EVM:cjs/skw/amn |
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82 | 82 | | ASSEMBLY BILL 1071 |
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83 | 83 | | For further information see the state and local fiscal estimate, which will be |
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84 | 84 | | printed as an appendix to this bill. |
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85 | 85 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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86 | 86 | | enact as follows: |
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87 | 87 | | SECTION 1. 85.56 of the statutes is created to read: |
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88 | 88 | | 85.56 School bus camera grant program. (1) In this section, “camera |
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89 | 89 | | system” means a video camera and any other component necessary to facilitate the |
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90 | 90 | | capture and storage of images captured by the video camera. |
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91 | 91 | | (2) (a) The department shall establish and administer a school bus camera |
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92 | 92 | | grant program. Subject to sub. (3), the department shall award the following grants: |
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93 | 93 | | 1. To school districts for the acquisition and installation of camera systems |
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94 | 94 | | installed on school buses for the purpose of capturing images of violations of s. 346.48 |
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95 | 95 | | or 346.485. |
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96 | 96 | | 2. To school districts for the maintenance or replacement of camera systems |
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97 | 97 | | installed on school buses for the purpose of capturing images of violations of s. 346.48 |
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98 | 98 | | or 346.485 or for the acquisition or installation of camera systems installed on school |
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99 | 99 | | buses for the purpose of capturing images of violations of s. 346.48 or 346.485. |
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100 | 100 | | (b) The department shall prescribe the form, nature, and extent of information |
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101 | 101 | | that shall be contained in applications for grants under this section and, subject to |
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102 | 102 | | sub. (3), shall establish criteria for evaluating applications and for awarding grants |
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103 | 103 | | under this section. |
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104 | 104 | | (3) (a) 1. The amount of a grant under sub. (2) may not exceed $5,000 for each |
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105 | 105 | | school bus to be equipped with a camera system or for each school bus equipped with |
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106 | 106 | | a camera system to be maintained or replaced. |
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127 | 127 | | EVM:cjs/skw/amn |
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128 | 128 | | SECTION 1 ASSEMBLY BILL 1071 |
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129 | 129 | | 2. A grant under sub. (2) may not exceed 90 percent of the cost of the project |
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130 | 130 | | for which the grant is made. |
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131 | 131 | | (b) 1. The department shall award grants under sub. (2) only to applicants who |
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132 | 132 | | agree to use the grant money for camera systems installed in such a manner so as |
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133 | 133 | | to facilitate the capture of images with sufficient information to allow the citation of |
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134 | 134 | | persons who violate s. 346.48 or 346.485. |
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135 | 135 | | 2. Upon request, the department shall provide assistance to school districts in |
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136 | 136 | | the selection, location, and installation of camera systems on school buses so as to |
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137 | 137 | | facilitate the capture of images with sufficient information to allow the citation of |
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138 | 138 | | persons who violate s. 346.48 or 346.485. |
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139 | 139 | | (c) In awarding grants under sub. (2) 1., the department shall prioritize the |
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140 | 140 | | following: |
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141 | 141 | | 1. Providing at least one grant to each applicant school district. |
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142 | 142 | | 2. Equipping the largest number of school buses with camera systems that |
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143 | 143 | | satisfy the requirements of par. (b). |
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144 | 144 | | (d) Any school district receiving its first grant under sub. (2) (a) 1. shall ensure |
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145 | 145 | | that the school bus equipped using the grant money is equipped with a camera |
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146 | 146 | | system that includes cameras capturing images in the bus's direction of travel and |
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147 | 147 | | opposite to the bus's direction of travel on both the left and right sides of the bus. |
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148 | 148 | | SECTION 2. 346.485 (2) of the statutes is renumbered 346.485 (2) (am). |
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149 | 149 | | SECTION 3. 346.485 (2) (bm) of the statutes is created to read: |
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150 | 150 | | 346.485 (2) (bm) If an owner or operator of a school bus believes that a violation |
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151 | 151 | | of s. 346.48 (1) is demonstrated by a recording made by a photographic or video |
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152 | 152 | | system equipped to the school bus, the owner or operator may prepare a report |
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153 | 153 | | indicating that a violation has occurred. The report shall include a copy of the |
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178 | 178 | | 25 - 5 -2023 - 2024 Legislature |
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179 | 179 | | LRB-2366/2 |
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180 | 180 | | EVM:cjs/skw/amn |
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181 | 181 | | SECTION 3 |
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182 | 182 | | ASSEMBLY BILL 1071 |
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183 | 183 | | recording that the owner or operator believes demonstrates a violation of s. 346.48 |
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184 | 184 | | (1). |
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185 | 185 | | SECTION 4. 346.485 (3) of the statutes is amended to read: |
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186 | 186 | | 346.485 (3) Within 24 72 hours after observing the observation of the violation, |
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187 | 187 | | for a report under sub. (2) (am), or within 72 hours after the recording of the violation, |
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188 | 188 | | for a report under sub. (2) (bm), the school bus operator or owner may deliver the a |
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189 | 189 | | report under sub. (2) to a traffic officer of the county or municipality in which the |
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190 | 190 | | violation occurred. A report which under sub. (2) (am) that does not contain all the |
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191 | 191 | | information in sub. (2) (am) 1. to 3. or a report under sub. (2) (bm) that does not |
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192 | 192 | | provide sufficient information to allow the issuance of a traffic citation shall |
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193 | 193 | | nevertheless be delivered and shall be maintained by the county or municipality for |
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194 | 194 | | statistical purposes. |
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195 | 195 | | SECTION 5. 346.485 (4) (a) of the statutes is amended to read: |
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196 | 196 | | 346.485 (4) (a) Within 48 hours 5 days after receiving a report under sub. (2) |
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197 | 197 | | (am) containing all the information in sub. (2) (am) 1. to 3. or a report under sub. (2) |
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198 | 198 | | (bm) that provides sufficient information to allow the issuance of a traffic citation, |
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199 | 199 | | the traffic officer may prepare a uniform traffic citation under s. 345.11 and may |
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200 | 200 | | personally serve it upon the owner of the vehicle. |
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201 | 201 | | SECTION 6. 346.49 (3) of the statutes is renumbered 346.49 (3) (a) and amended |
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202 | 202 | | to read: |
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203 | 203 | | 346.49 (3) (a) A Except as provided under par. (b), a vehicle owner or other |
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204 | 204 | | person found liable under s. 346.485 or 346.457 may be required to forfeit not less |
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205 | 205 | | than $30 nor more than $300. |
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206 | 206 | | (c) Imposition of liability under s. 346.485 or 346.457 shall not result in |
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207 | 207 | | suspension or revocation of a person's operating license under s. 343.30, nor shall it |
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232 | 232 | | 25 - 6 -2023 - 2024 Legislature LRB-2366/2 |
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233 | 233 | | EVM:cjs/skw/amn |
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234 | 234 | | SECTION 6 ASSEMBLY BILL 1071 |
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235 | 235 | | result in demerit points being recorded on a person's driving record under s. 343.32 |
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236 | 236 | | (2) (a). |
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237 | 237 | | SECTION 7. 346.49 (3) (b) of the statutes is created to read: |
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238 | 238 | | 346.49 (3) (b) Notwithstanding s. 346.485 (5) (a), if the state cannot |
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239 | 239 | | demonstrate that the owner was operating the vehicle at the time the violation under |
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240 | 240 | | s. 346.485 occurred, the minimum and maximum forfeitures under par. (a) are |
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241 | 241 | | halved. |
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242 | 242 | | SECTION 8. 346.496 of the statutes is created to read: |
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243 | 243 | | 346.496 School bus safety camera surcharge. (1) If a court imposes a fine |
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244 | 244 | | or a forfeiture for a violation of s. 346.48 or 346.485, or a local ordinance in conformity |
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245 | 245 | | therewith, it shall impose a school bus safety camera surcharge under ch. 814 in an |
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246 | 246 | | amount of $200. |
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247 | 247 | | (2) (a) Except as provided in par. (b), the clerk of court shall collect and transmit |
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248 | 248 | | the amount of the school bus safety camera surcharge under sub. (1) to the county |
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249 | 249 | | treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make |
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250 | 250 | | payment to the secretary of administration as provided in s. 59.25 (3) (f) 2. |
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251 | 251 | | (b) If the forfeiture is imposed by a municipal court, the court shall transmit |
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252 | 252 | | the amount of the school bus safety camera surcharge under sub. (1) to the treasurer |
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253 | 253 | | of the county, city, town, or village, and that treasurer shall make payment to the |
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254 | 254 | | secretary of administration as provided in s. 66.0114 (1) (bm). |
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255 | 255 | | (c) The secretary of administration shall deposit all amounts received under |
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256 | 256 | | this subsection in the general fund. |
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257 | 257 | | SECTION 9. 814.75 (28) of the statutes is created to read: |
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258 | 258 | | 814.75 (28) The school bus safety camera surcharge under s. 346.496. |
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259 | 259 | | SECTION 10. 814.78 (13) of the statutes is created to read: |
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284 | 284 | | 25 - 7 -2023 - 2024 Legislature |
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285 | 285 | | LRB-2366/2 |
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286 | 286 | | EVM:cjs/skw/amn |
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287 | 287 | | SECTION 10 |
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288 | 288 | | ASSEMBLY BILL 1071 |
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289 | 289 | | 814.78 (13) The school bus safety camera surcharge under s. 346.496. |
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290 | 290 | | SECTION 11. 814.79 (11) of the statutes is created to read: |
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291 | 291 | | 814.79 (11) The school bus safety camera surcharge under s. 346.496. |
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292 | 292 | | SECTION 12.0Nonstatutory provisions. |
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293 | 293 | | (1) Not later than 60 days after the effective date of this subsection, the |
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294 | 294 | | department of transportation shall inform each school district of all of the following: |
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295 | 295 | | (a) The availability of grants under s. 85.56. |
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296 | 296 | | (b) The procedure for applying for grants under s. 85.56. |
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297 | 297 | | (2) Not later than 30 days after receiving notice under sub. (1), a school district |
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298 | 298 | | shall provide the information received from the department of transportation to each |
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299 | 299 | | person from which the school district obtains busing service. |
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300 | 300 | | (END) |
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