Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB85 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 85
5	5	March 8, 2023 - Introduced by Representatives M YERS, NOVAK, ANDRACA,
6	6	CONSIDINE, DRAKE, KITCHENS, TUSLER, SINICKI, MOORE OMOKUNDE and
7	7	ORTIZ-VELEZ, cosponsored by Senators L. JOHNSON, CARPENTER and SPREITZER.
8	8	Referred to Committee on Criminal Justice and Public Safety.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to amend 346.01 (2); and to create 343.32 (2) (bu), 346.575, 346.60 (6)
11	11	and 349.107 of the statutes; relating to: the use of automated speed
12	12	enforcement systems and traffic control photographic systems in a first class
13	13	city and providing a penalty.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill allows law enforcement agencies in a first class city (presently only
16	16	Milwaukee) to use an automated speed enforcement system (ASES) to identify speed
17	17	limit violations and allows the leadership of a first class city to enact an ordinance
18	18	that permits the use of a traffic control photographic system (TCPS) on highways
19	19	under the jurisdiction of the city to identify traffic signal violations.
20	20	Under current law, law enforcement officers may not use any radar device
21	21	combined with photographic identification of a vehicle to determine compliance with
22	22	motor vehicle speed limits. Under this bill, local law enforcement agencies in a first
23	23	class city may use an ASES to determine compliance with speed limits. With
24	24	exceptions, the vehicle owner is subject to a forfeiture for a speed limit violation
25	25	detected by an ASES. However, no traffic citation may be issued for a speed limit
26	26	violation for which the ASES indicated a speed of less than 20 miles per hour above
27	27	the speed limit alleged to be violated. The owner is subject to the same forfeiture that
28	28	would be applicable to the vehicle operator for the violation. The bill also imposes
29	29	a number of administrative requirements on a municipality that uses an ASES to
30	30	determine compliance with speed limits. The authorization of the use of an ASES
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37	37	to determine compliance with speed limits expires five years after this bill takes
38	38	effect.
39	39	This bill also authorizes the leadership of a first class city to enact an ordinance
40	40	that permits the use of a TCPS on highways under the jurisdiction of the city to detect
41	41	motor vehicles that fail to properly stop at red traffic signals at intersections. A TCPS
42	42	is an electronic system that automatically produces photographs of motor vehicles
43	43	traveling through an intersection. With exceptions, the vehicle owner may be subject
44	44	to a forfeiture for a traffic signal violation detected by a TCPS of not more than the
45	45	amount provided for a traffic signal violation under current law, currently between
46	46	$40 to $100. The authorization of the use of a TCPS to detect traffic signal violations
47	47	expires five years after this bill takes effect.
48	48	Forfeitures collected under either of these authorizations must be appropriated
49	49	for use by the agency providing police service in the city that collected the forfeiture.
50	50	For further information see the state and local fiscal estimate, which will be
51	51	printed as an appendix to this bill.
52	52	The people of the state of Wisconsin, represented in senate and assembly, do
53	53	enact as follows:
54	54	SECTION 1. 343.32 (2) (bu) of the statutes is created to read:
55	55	343.32 (2) (bu) The scale adopted by the secretary may not assess any demerit
56	56	points for a violation of an ordinance enacted under s. 349.107.
57	57	SECTION 2. 346.01 (2) of the statutes is amended to read:
58	58	346.01 (2) In this chapter, notwithstanding s. 340.01 (42), “owner" means, with
59	59	respect to a vehicle that is registered, or is required to be registered, by a lessee of
60	60	the vehicle under ch. 341, the lessee of the vehicle for purposes of vehicle owner
61	61	liability under ss. 346.175, 346.195, 346.205, 346.452, 346.457, 346.465, 346.485,
62	62	346.505 (3), 346.575, 346.675, and 346.945.
63	63	SECTION 3. 346.575 of the statutes is created to read:
64	64	346.575 Owner's liability for speed restriction violations detected by
65	65	an automated speed enforcement system. (1) In this section, “automated speed
66	66	enforcement system” or “system” means an electronic device that uses automated
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84	84	equipment to detect a vehicle's speed and that is designed to obtain a clear visual
85	85	image of a vehicle's rear license plate.
86	86	(2) Notwithstanding s. 349.02 (3) (b) and subject to sub. (6), a local law
87	87	enforcement agency with jurisdiction over traffic violations may use an automated
88	88	speed enforcement system to determine compliance with a speed restriction
89	89	established under s. 346.57 or 349.11 on highways under its jurisdiction. Subject to
90	90	sub. (5) (b), the owner of a vehicle involved in a violation of s. 346.57, or a local
91	91	ordinance in conformity with s. 346.57, that is determined by a system shall be liable
92	92	for the violation as provided in this section.
93	93	(3) If a traffic officer reviews and prepares a uniform traffic citation under s.
94	94	345.11 for a violation of this section, the officer shall serve the owner of the vehicle
95	95	with the citation by mailing the citation by certified mail addressed to the owner's
96	96	last-known address within 5 business days after the violation. A traffic officer shall
97	97	send with the citation a duplicate of a visual image, taken by the automated speed
98	98	enforcement system, of the rear license plate of the vehicle involved in the violation,
99	99	the system's location, and the date and time when the violation occurred. No traffic
100	100	citation may be issued for a violation under this section for which the system
101	101	indicated a speed of less than 20 miles per hour above the speed restriction
102	102	established under s. 346.57 or 349.11.
103	103	(4) Any forfeiture collected under this section shall be deposited in a separate
104	104	segregated account from which moneys may be used only for purposes of traffic
105	105	enforcement and traffic safety programs administered by the local law enforcement
106	106	agency providing police services in the collecting municipality.
107	107	(5) (a) Except as provided in par. (b), it is not a defense to a violation of this
108	108	section that the owner was not operating the vehicle at the time of the violation.
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136	136	(b) All of the following are defenses to a violation of this section:
137	137	1. That a report that the vehicle was stolen was made by the owner to a law
138	138	enforcement agency before the violation occurred or within 7 business days after the
139	139	violation occurred.
140	140	2. That the owner of the vehicle provided a traffic officer with the name and
141	141	address of the person operating the vehicle at the time of the violation and the person
142	142	so named admits operating the vehicle at the time of the violation. In that case, the
143	143	person operating the vehicle may be charged with a violation of s. 346.57 or a local
144	144	ordinance in conformity with s. 346.57.
145	145	3. That the vehicle is owned by a lessor of vehicles and is registered in the name
146	146	of the lessor, that at the time of the violation the vehicle was in the possession of a
147	147	lessee, and that the lessor provided a traffic officer with the information required
148	148	under s. 343.46 (3). In that case, the lessee may be charged with a violation of s.
149	149	346.57 or a local ordinance in conformity with s. 346.57.
150	150	4. That the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.), but
151	151	including the persons specified in s. 340.01 (11) (a) to (d), that at the time of the
152	152	violation the vehicle was being operated by a person on a trial run, and that the
153	153	dealer provided a traffic officer with the name, address, and operator's license
154	154	number of the person operating the vehicle. In that case, the person operating the
155	155	vehicle may be charged with a violation of s. 346.57 or a local ordinance in conformity
156	156	with s. 346.57.
157	157	(6) (a) If a local law enforcement agency uses an automated speed enforcement
158	158	system, the local law enforcement agency shall do all of the following:
159	159	1. Clearly identify the presence of a system by signs stating “Photo Enforced,”
160	160	along with the posted speed limit. The signs shall be visible to traffic traveling on the
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188	188	SECTION 3
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190	190	highway from the direction of travel for which the system is used, and shall be posted
191	191	at all locations the department determines are necessary to provide adequate notice
192	192	of the presence of a system.
193	193	2. Identify the streets or portions of streets for which the use of a system has
194	194	been approved and the hours of enforcement on the local law enforcement agency's
195	195	website. The information under this subdivision shall be updated whenever the local
196	196	law enforcement agency changes locations that are enforced with a system or hours
197	197	of enforcement.
198	198	3. a. Use law enforcement officers or other trained designated employees to
199	199	oversee the operation of systems and maintain control over all enforcement
200	200	activities, including the determination of when a citation should be issued.
201	201	b. Properly train law enforcement officers and other designated employees in
202	202	the use of a system, including the operation, set-up, and testing of a system deployed
203	203	by the law enforcement agency, and the enforcement of traffic and speeding laws.
204	204	c. Retain documentation demonstrating the successful completion of required
205	205	training by a law enforcement officer or designated employee who oversees the
206	206	operation of a system and enforcement activities.
207	207	4. Ensure that the system is regularly inspected and certify that the system is
208	208	installed and operating properly. Each camera unit shall be calibrated in accordance
209	209	with the manufacturer's instructions, and, at least once a year, each camera unit
210	210	shall be calibrated by an independent calibration laboratory. The municipality shall
211	211	retain documentation of the regular inspection, operation, and calibration of a
212	212	system until the date on which the system has been permanently removed from use.
213	213	5. Use a system that provides real-time notification when violations are
214	214	detected.
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242	242	(b) Before using an automated speed enforcement system under this section,
243	243	a law enforcement agency shall do all of the following:
244	244	1. Administer a public information campaign for at least 30 days before the
245	245	commencement of use of a system. The campaign shall include public
246	246	announcements in major media outlets and press releases. The campaign shall
247	247	include the following information:
248	248	a. The system use policy under par. (c).
249	249	b. The system impact report under par. (d).
250	250	c. The date on which use of systems will begin.
251	251	d. The highways on which systems will be used.
252	252	e. The law enforcement agency's website.
253	253	2. Issue warning notices rather than citations for violations detected by a
254	254	system during the first 90 days during which a system is used under this section.
255	255	Whenever a system is first used on a highway, the local law enforcement agency shall
256	256	issue warning notices rather than citations for violations detected by the systems
257	257	during the first 90 calendar days of enforcement.
258	258	(c) A municipality shall prepare and adopt a system use policy before entering
259	259	into an agreement regarding a system, purchasing or leasing equipment for a
260	260	system, or implementing this section. The system use policy shall include the specific
261	261	purpose for the system, the uses that are authorized, the rules and processes
262	262	required before that use, and the uses that are prohibited. The policy shall specify
263	263	the information that may be collected by a system, the individuals who may access
264	264	and use the collected information, and the procedure for accessing and using the
265	265	information. The policy shall include provisions for protecting data from
266	266	unauthorized access, data retention, public access, 3rd-party data sharing, training,
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294	294	SECTION 3
295	295	ASSEMBLY BILL 85
296	296	auditing, and oversight. The system use policy shall be made available for public
297	297	review, including by posting it on the local law enforcement agency's website, at least
298	298	30 calendar days before adoption.
299	299	(d) A municipality shall prepare and adopt a system impact report and make
300	300	the report available for public review and comment at least 30 days before approval.
301	301	The system impact report shall include all of the following:
302	302	1. A description of the systems to be used and how they work.
303	303	2. The proposed purpose of a system.
304	304	3. The locations in which a system may be deployed and traffic data for these
305	305	locations.
306	306	4. An assessment of the potential impact of the system on civil liberties and civil
307	307	rights and any plans to safeguard those public rights.
308	308	5. The fiscal costs of a system, including establishment costs, ongoing costs, and
309	309	program funding.
310	310	(e) A municipality shall develop uniform guidelines for all of the following:
311	311	1. The screening and issuing of citations under this section.
312	312	2. The processing and storage of confidential information under this section
313	313	and procedures to ensure compliance with confidentiality requirements.
314	314	(f) A contract between a municipality and a manufacturer or supplier of an
315	315	automated speed enforcement system shall allow the municipality to purchase
316	316	materials, lease equipment, and contract for processing services from the
317	317	manufacturer or supplier based on the services rendered on a monthly schedule or
318	318	another schedule agreed upon by the municipality and contractor. The contract may
319	319	not include provisions for payment or compensation based on the number of citations
320	320	issued under this section, or as a percentage of revenue generated, from the use of
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347	347	SECTION 3 ASSEMBLY BILL 85
348	348	the system. The contract shall include a provision that all data collected from a
349	349	system is confidential, and shall prohibit the manufacturer or supplier of a system
350	350	from sharing, repurposing, or monetizing collected data. The local law enforcement
351	351	agency shall oversee and maintain control over all enforcement activities, including
352	352	the determination of when a citation should be issued.
353	353	(g) Two years after implementation of an automated speed enforcement
354	354	program and 5 years after the effective date of this paragraph .... [LRB inserts date],
355	355	a municipality shall prepare and submit to the standing committees of the
356	356	legislature with jurisdiction over transportation matters a system report that
357	357	includes all of the following information:
358	358	1. A description of how systems were used.
359	359	2. Whether and how often system data was shared with outside entities, the
360	360	name of any recipient entity, the type of data disclosed, and the legal reason for the
361	361	disclosure.
362	362	3. A summary of any community complaints or concerns about the use of
363	363	systems.
364	364	4. Results of any internal audits, information about any violations of the
365	365	system use policy, and any actions taken in response.
366	366	5. Information regarding the impact that the use of systems has had on the
367	367	highways where the systems were deployed.
368	368	6. A summary of any public records requests related to systems.
369	369	(h) Not later than March 1 of the 5th year beginning after the effective date of
370	370	this paragraph .... [LRB inserts date], a municipality shall prepare and submit to the
371	371	standing committees of the legislature with jurisdiction over transportation matters
372	372	an evaluation of the use of automated speed enforcement systems in its jurisdiction,
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402	402	including an assessment of the system's impact on highway safety and the system's
403	403	economic impact on the communities where the system is used. The report shall be
404	404	made available on the website of the local law enforcement agency and shall include
405	405	all of the following information:
406	406	1. Before and after data on the number and proportion of vehicles speeding
407	407	between 10 to 19 miles per hour over the legal speed limit, 20 to 29 miles per hour
408	408	over the legal speed limit, 30 to 39 miles per hour over the legal speed limit, and every
409	409	additional 10 miles per hour increment thereafter on a highway on which a system
410	410	is used to enforce speed limits.
411	411	2. The number of citations issued under this section by month and year and the
412	412	corridors or locations where violations occurred and, to the extent feasible, the day
413	413	of the week and time the violation occurred.
414	414	3. Before and after data on the number of traffic collisions, categorized by injury
415	415	severity, that occurred where systems are used relative to jurisdiction-wide data and
416	416	the mode of transportation of the parties involved.
417	417	4. The number of citations paid and citations dismissed.
418	418	5. The costs associated with implementation and operation of the systems, and
419	419	revenues collected by each jurisdiction.
420	420	6. The uses of revenues collected by use of systems in the jurisdiction, including
421	421	information on roadway traffic safety projects, traffic safety education, and law
422	422	enforcement activities and programs that were implemented.
423	423	7. Before and after data on the number of law enforcement officers, including
424	424	the number of officers dedicated to traffic enforcement.
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449	449	SECTION 3 ASSEMBLY BILL 85
450	450	8. An evaluation of whether use of systems has resulted in traffic impacts on
451	451	highways that may be susceptible to traffic diversion, in the vicinity of corridors with
452	452	installed systems.
453	453	9. The results of surveys and outreach to low-income and predominantly
454	454	minority communities where systems were deployed.
455	455	(7) A visual image made by an automated speed enforcement system is not
456	456	subject to the right of inspection and copying under s. 19.35 (1).
457	457	(8) This section applies only in a 1st class city.
458	458	(9) This section does not apply 5 years after the effective date of this subsection
459	459	.... [LRB inserts date].
460	460	SECTION 4. 346.60 (6) of the statutes is created to read:
461	461	346.60 (6) A vehicle owner found liable under s. 346.575 is subject to a
462	462	forfeiture in the same amount that may be imposed on a vehicle operator for the
463	463	corresponding violation of s. 346.57 including, if applicable, the doubling of the
464	464	forfeiture as provided in sub. (3m) (a). For purposes of this subsection, a person's
465	465	prior violation of s. 346.57 may be counted as a prior violation of s. 346.575.
466	466	Imposition of liability under s. 346.575 shall not result in suspension or revocation
467	467	of a person's operating privilege under s. 343.30 or 343.31, nor shall it result in
468	468	demerit points being recorded on a person's driving record under s. 343.32 (2) (a).
469	469	SECTION 5. 349.107 of the statutes is created to read:
470	470	349.107 Authority to use traffic control photographic systems. (1) In
471	471	this section:
472	472	(a) In addition to the meaning given in s. 340.01 (42), “owner" means, with
473	473	respect to a vehicle that is registered, or that is required to be registered, by a lessee
474	474	of the vehicle under ch. 341, the lessee of the vehicle.
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502	502	SECTION 5
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504	504	(b) “Traffic control photographic system" means an electronic system consisting
505	505	of a photographic, video, or electronic camera and a vehicle sensor installed for use
506	506	with an official traffic control signal to automatically produce photographs or video
507	507	or digital images, stamped with the time and date, of vehicles moving through an
508	508	intersection.
509	509	(2) Subject to sub. (3), the leadership of a 1st class city may enact an ordinance
510	510	that does all of the following:
511	511	(a) Subjects a person to a forfeiture for being the owner of a motor vehicle that
512	512	does any of the following:
513	513	1. When facing a traffic control signal at an intersection that exhibits a red
514	514	light, including a flashing red light, fully enters the intersection without stopping.
515	515	2. When facing a traffic control signal at an intersection that exhibits a red
516	516	light, other than a flashing red light, after stopping at the intersection, proceeds
517	517	through the intersection before the traffic control signal exhibits a green light if the
518	518	vehicle is not making a right turn.
519	519	(b) Allows the use of a traffic control photographic system on highways under
520	520	the jurisdiction of the municipality, including connecting highways, for the purpose
521	521	of detecting violations described in par. (a).
522	522	(c) Subjects a person to a forfeiture for being the lessee or operator of a motor
523	523	vehicle the owner of which would be subject to a forfeiture under this section but for
524	524	the owner's successful assertion of a defense under sub. (3) (c) 2. or 3.
525	525	(d) Requires that forfeitures collected under this section be deposited in a
526	526	separate segregated account from which moneys may be used only for purposes of
527	527	traffic enforcement and traffic safety programs administered by the local law
528	528	enforcement agency providing police services in the collecting municipality.
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556	556	(3) An ordinance enacted under sub. (2) shall include all of the following:
557	557	(a) A requirement that official traffic signs be placed at or reasonably near the
558	558	corporate limits of the municipality on all county trunk highways and connecting
559	559	highways under the jurisdiction of the municipality informing motorists that
560	560	intersections in the municipality may be monitored by traffic control photographic
561	561	systems.
562	562	(b) A requirement that, if a traffic officer employed by the governing body of the
563	563	municipality prepares a citation for a violation of an ordinance enacted under this
564	564	section, the traffic officer shall serve the owner of the vehicle with the citation, within
565	565	5 business days after the violation, by personal service or by mailing the citation by
566	566	certified mail addressed to the owner's last-known address. If the citation may be
567	567	issued under par. (c) to the lessee or operator of the vehicle, the traffic officer shall
568	568	serve the lessee or operator with the citation, in the same manner required for service
569	569	on the vehicle owner, within 5 business days of determining that the vehicle owner
570	570	is likely to successfully assert a defense under par. (c). A traffic officer shall send with
571	571	the citation a duplicate of the photograph, video, or digital image, taken by the traffic
572	572	control photographic system, of the vehicle involved in the violation.
573	573	(c) A provision that it is not a defense to a violation of the ordinance that the
574	574	owner was not in control of the vehicle at the time of the violation, except that all of
575	575	the following are defenses to a violation of an ordinance enacted under this section:
576	576	1. That a report that the vehicle was stolen was made by the owner to a law
577	577	enforcement agency before the violation occurred or within 7 business days after the
578	578	violation occurred.
579	579	2. That the vehicle is owned by a lessor of vehicles and is registered in the name
580	580	of the lessor, that at the time of the violation the vehicle was in the possession of a
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606	606	LRB-1350/1
607	607	EVM:amn
608	608	SECTION 5
609	609	ASSEMBLY BILL 85
610	610	lessee, and that the lessor provided a traffic officer with the information required
611	611	under s. 343.46 (3). In that case, the lessee may be issued a citation and charged with
612	612	a violation of the ordinance enacted under this section.
613	613	3. That the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.), but
614	614	including the persons specified in s. 340.01 (11) (a) to (d), at the time of the violation
615	615	the vehicle was being operated by a person on a trial run, and the dealer provided
616	616	a traffic officer with the name, address, and operator's license number of the person
617	617	operating the vehicle. In that case, the person operating the vehicle may be issued
618	618	a citation and charged with a violation of the ordinance enacted under this section.
619	619	4. Any other defense specified in the ordinance.
620	620	(d) A provision that permits a court to impose a forfeiture for a violation of an
621	621	ordinance enacted under this section of not more than the same amount that may be
622	622	imposed on a vehicle operator for the corresponding violation of s. 346.37 (1) (c) 1. or
623	623	3.
624	624	(e) A requirement that any photograph or video or digital image produced by
625	625	the traffic control photographic system be taken from a direction to the rear of the
626	626	vehicles moving through an intersection and be focused on the rear registration plate
627	627	of such vehicles.
628	628	(f) A requirement that a traffic control photographic system may be used only
629	629	at an intersection that is identified as having an annual accident rate of 1.0 or greater
630	630	in studies performed by the municipality in the 5 most recent years of high frequency
631	631	crash locations.
632	632	(g) A requirement that traffic control photographic systems may be used at no
633	633	more than 5 intersections in an aldermanic district.
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658	658	EVM:amn
659	659	SECTION 5 ASSEMBLY BILL 85
660	660	(4) Nothing in this section prohibits the issuance of a citation to the operator
661	661	of a motor vehicle for a violation of s. 346.37 (1) (c) 1. or 3. or a local ordinance in
662	662	conformity with s. 346.37 (1) (c) 1. or 3., but a person may not be subject to a forfeiture
663	663	for a violation of an ordinance enacted under this section and a violation of s. 346.37
664	664	(1) (c) 1. or 3. or a local ordinance in conformity with s. 346.37 (1) (c) 1. or 3. arising
665	665	from the same incident or occurrence.
666	666	(5) This section does not apply 5 years after the effective date of this subsection
667	667	.... [LRB inserts date].
668	668	(END)
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