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.
1An Act to amend
346.01 (2); and to create
346.575, 346.60 (6) and 349.107 of 2
the 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:
346.01 (2) of the statutes is amended to read:
In this chapter, notwithstanding s. 340.01 (42), “owner" means, with 3
respect to a vehicle that is registered, or is required to be registered, by a lessee of 4
the vehicle under ch. 341, the lessee of the vehicle for purposes of vehicle owner 5
liability under ss. 346.175, 346.195, 346.205, 346.452, 346.457, 346.465, 346.485, 6
346.505 (3), 346.575,
346.675, and 346.945.
346.575 of the statutes is created to read:
8346.575 Owner's liability for speed restriction violations detected by
9an automated speed enforcement system. (1)
In this section, “automated speed 10
enforcement system” or “system” means an electronic device that uses automated 11
equipment to detect a vehicle's speed and that is designed to obtain a clear visual 12
image of a vehicle's rear license plate.
Notwithstanding s. 349.02 (3) (b) and subject to sub. (6), a local law 14
enforcement agency with jurisdiction over traffic violations may use an automated 15
speed enforcement system to determine compliance with a speed restriction 16
established under s. 346.57 or 349.11 on highways under its jurisdiction. Subject to
sub. (5) (b), the owner of a vehicle involved in a violation of s. 346.57, or a local 2
ordinance in conformity with s. 346.57, that is determined by a system shall be liable 3
for the violation as provided in this section.
If a traffic officer reviews and prepares a uniform traffic citation under s. 5
345.11 for a violation of this section, the officer shall serve the owner of the vehicle 6
with the citation by mailing the citation by certified mail addressed to the owner's 7
last-known address within 5 business days after the violation. A traffic officer shall 8
send with the citation a duplicate of a visual image, taken by the automated speed 9
enforcement system, of the rear license plate of the vehicle involved in the violation, 10
the system location, and the date and time when the violation occurred. No traffic 11
citation may be issued for a violation under this section for which the system 12
indicated a speed of less than 20 miles per hour above the speed restriction 13
established under s. 346.57 or 349.11.
Any forfeiture collected under this section shall be deposited in a separate 15
segregated account from which moneys may be used only for purposes of traffic 16
enforcement and traffic safety programs administered by the local law enforcement 17
agency providing police services in the collecting municipality.
(a) Except as provided in par. (b), it is not a defense to a violation of this 19
section that the owner was not operating the vehicle at the time of the violation.
(b) All of the following are defenses to a violation of this section:
1. That a report that the vehicle was stolen was made by the owner to a law 22
enforcement agency before the violation occurred or within 7 business days after the 23
2. That the owner of the vehicle provided a traffic officer with the name and 25
address of the person operating the vehicle at the time of the violation and the person
so named admits operating the vehicle at the time of the violation. In that case, the 2
person operating the vehicle may be charged with a violation of s. 346.57 or a local 3
ordinance in conformity with s. 346.57.
3. That the vehicle is owned by a lessor of vehicles and is registered in the name 5
of the lessor, that at the time of the violation the vehicle was in the possession of a 6
lessee, and that the lessor provided a traffic officer with the information required 7
under s. 343.46 (3). In that case, the lessee may be charged with a violation of s. 8
346.57 or a local ordinance in conformity with s. 346.57.
4. That the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.), but 10
including the persons specified in s. 340.01 (11) (a) to (d), that at the time of the 11
violation the vehicle was being operated by a person on a trial run, and that the 12
dealer provided a traffic officer with the name, address, and operator's license 13
number of the person operating the vehicle. In that case, the person operating the 14
vehicle may be charged with a violation of s. 346.57 or a local ordinance in conformity 15
with s. 346.57.
(a) If a local law enforcement agency uses an automated speed enforcement 17
system, the local law enforcement agency shall do all of the following:
1. Clearly identify the presence of a system by signs stating “Photo Enforced,” 19
along with the posted speed limit. The signs shall be visible to traffic traveling on the 20
highway from the direction of travel for which the system is used, and shall be posted 21
at all locations the department determines are necessary to provide adequate notice 22
of the presence of a system.
2. Identify the streets or portions of streets for which the use of a system has 24
been approved and the hours of enforcement on the local law enforcement agency's 25
website. The information under this paragraph shall be updated whenever the local
law enforcement agency changes locations that are enforced with a system or hours 2
3. a. Use law enforcement officers or other trained designated employees to 4
oversee the operation of systems and maintain control over all enforcement 5
activities, including the determination of when a citation should be issued.
b. Properly train law enforcement officers and other designated employees in 7
the use of a system, including the operation, set-up, and testing of a system deployed 8
by the law enforcement agency, and the enforcement of traffic and speeding laws.
c. Retain documentation demonstrating the successful completion of required 10
training by a law enforcement officer or designated employee who oversees the 11
operation of a system and enforcement activities.
4. Ensure that the system is regularly inspected and certify that the system is 13
installed and operating properly. Each camera unit shall be calibrated in accordance 14
with the manufacturer's instructions, and, at least once a year, each camera unit 15
shall be calibrated by an independent calibration laboratory. The municipality shall 16
retain documentation of the regular inspection, operation, and calibration of a 17
system until the date on which the system has been permanently removed from use.
5. Use a system that provides real-time notification when violations are 19
(b) Before using an automated speed enforcement system under this section, 21
a law enforcement agency shall do all of the following:
1. Administer a public information campaign for at least 30 days before the 23
commencement of use of a system. The campaign shall include public 24
announcements in major media outlets and press releases. The campaign shall 25
include the following information:
a. The system use policy under par. (c).
b. The system impact report under par. (d).
c. The date on which use of systems will begin.
d. The highways on which systems will be used.
e. The law enforcement agency's website.
2. Issue warning notices rather than citations for violations detected by a 7
system during the first 90 days during which a system is used under this section. 8
Whenever a system is first used on a highway, the local law enforcement agency shall 9
issue warning notices rather than citations for violations detected by the systems 10
during the first 90 calendar days of enforcement.
(c) A municipality shall prepare and adopt a system use policy before entering 12
into an agreement regarding a system, purchasing or leasing equipment for a 13
system, or implementing this section. The system use policy shall include the specific 14
purpose for the system, the uses that are authorized, the rules and processes 15
required before that use, and the uses that are prohibited. The policy shall specify 16
the information that may be collected by a system, the individuals who may access 17
and use the collected information, and the procedure for accessing and using the 18
information. The policy shall include provisions for protecting data from 19
unauthorized access, data retention, public access, 3rd-party data sharing, training, 20
auditing, and oversight. The system use policy shall be made available for public 21
review, including by posting it on the local law enforcement agency's website, at least 22
30 calendar days before adoption.
(d) A municipality shall prepare and adopt a system impact report and make 24
the report available for public review and comment at least 30 days before approval. 25
The system impact report shall include all of the following:
1. A description of the systems to be used and how they work.
2. The proposed purpose of a system.
3. The locations in which a system may be deployed and traffic data for these 4
4. An assessment of the potential impact of the system on civil liberties and civil 6
rights and any plans to safeguard those public rights.