SB375: Bill Text

SB375,10,8 c. Retain documentation demonstrating the successful completion of required training by a law enforcement officer or designated employee who oversees the operation of a system and enforcement activities.

SB375,10,15 4. Ensure that the system is regularly inspected and certify that the system is installed and operating properly. Each camera unit shall be calibrated in accordance with the manufacturer’s instructions, and, at least once a year, each camera unit shall be calibrated by an independent calibration laboratory. The local authority shall retain documentation of the regular inspection, operation, and calibration of a system until the date on which the system has been permanently removed from use.

SB375,10,17 5. Use a system that provides real-time notification when violations are detected.

SB375,10,19 (b) Before using a speed safety camera system under this section, a local authority shall do all of the following:

SB375,10,23 1. Administer a public information campaign for at least 30 days before the commencement of use of a system. The campaign shall include public announcements in major media outlets and press releases. The campaign shall include the following information:

SB375,11,1 a. The system use policy under par. (c).

SB375,11,2 b. The system impact report under par. (d).

SB375,11,3 c. The date on which use of systems will begin.

SB375,11,4 d. The highways on which a system will be used.

SB375,11,5 e. The local authority’s website.

SB375,11,10 2. Issue warning notices rather than citations for violations detected by a system during the first 90 days during which a system is used under this section. Whenever a system is first used on a highway, the local authority shall issue warning notices rather than citations for violations detected by the systems during the first 90 calendar days of enforcement.

SB375,11,22 (c) A local authority shall prepare and adopt a system use policy before entering into an agreement regarding a system, purchasing or leasing equipment for a system, or implementing this section. The system use policy shall include the specific purpose for the system, the uses that are authorized, the rules and processes required before that use, and the uses that are prohibited. The policy shall specify the information that may be collected by a system, the individuals who may access and use the collected information, and the procedure for accessing and using the information. The policy shall include provisions for protecting data from unauthorized access, data retention, public access, 3rd-party data sharing, training, auditing, and oversight. The system use policy shall be made available for public review, including by posting it on the local law enforcement agency’s website, at least 30 calendar days before adoption.

SB375,12,2 (d) A local authority shall prepare and adopt a system impact report and make the report available for public review and comment at least 30 days before approval. The system impact report shall include all of the following:

SB375,12,3 1. A description of the systems to be used and how they work.

SB375,12,4 2. The proposed purpose of a system.

SB375,12,6 3. The locations in which a system may be deployed and traffic data for these locations.

SB375,12,8 4. An assessment of the potential impact of the system on civil liberties and civil rights and any plans to safeguard those public rights.

SB375,12,10 5. The fiscal costs of a system, including establishment costs, ongoing costs, and program funding.

SB375,12,11 (e) A local authority shall develop uniform guidelines for all of the following:

SB375,12,12 1. The screening and issuing of citations under this section.

SB375,12,14 2. The processing and storage of confidential information under this section and procedures to ensure compliance with confidentiality requirements.

SB375,13,3 (f) A contract between a local authority and a manufacturer or supplier of a speed safety camera system shall allow the local authority to purchase materials, lease equipment, and contract for processing services from the manufacturer or supplier based on the services rendered on a monthly schedule or another schedule agreed upon by the local authority and contractor. The contract may not include provisions for payment or compensation based on the number of citations issued under this section, or as a percentage of revenue generated, from the use of the system. The contract shall include a provision that all data collected from a system is confidential, and shall prohibit the manufacturer or supplier of a system from sharing, repurposing, or monetizing collected data. The local authority shall oversee and maintain control over all enforcement activities, including the determination of when a citation should be issued.

SB375,13,7 (g) Five years after implementation of a speed safety camera system, a local authority shall prepare and submit to the standing committees of the legislature with jurisdiction over transportation matters a system report that includes all of the following information:

SB375,13,8 1. A description of how systems were used.

SB375,13,11 2. Whether and how often system data was shared with outside entities, the name of any recipient entity, the type of data disclosed, and the legal reason for the disclosure.

SB375,13,13 3. A summary of any community complaints or concerns about the use of systems.

SB375,13,15 4. Results of any internal audits, information about any violations of the system use policy, and any actions taken in response.

SB375,13,17 5. Information regarding the impact that the use of systems has had on the highways where the systems were deployed.

SB375,13,18 6. A summary of any public records requests related to systems.

SB375,14,3 (h) Not later than March 1 of the 5th year beginning after the effective date of this paragraph .... [LRB inserts date], a local authority shall prepare and submit to the standing committees of the legislature with jurisdiction over transportation matters an evaluation of the use of speed safety camera systems in its jurisdiction, including an assessment of the system’s impact on highway safety and the system’s economic impact on the communities where the system is used. The report shall be made available on the website of the local authority and shall include all of the following information:

SB375,14,8 1. Before and after data on the number and proportion of vehicles speeding between 10 and 19 miles per hour over the legal speed limit, between 20 and 29 miles per hour over the legal speed limit, between 30 and 39 miles per hour over the legal speed limit, and every additional 10 miles per hour increment thereafter on a highway on which a system is used to enforce speed limits.

SB375,14,11 2. The number of citations issued under this section by month and year and the corridors or locations where violations occurred and, to the extent feasible, the day of the week and time the violation occurred.

SB375,14,14 3. Before and after data on the number of traffic collisions, categorized by injury severity, that occurred where systems are used relative to jurisdiction-wide data and the mode of transportation of the parties involved.

SB375,14,15 4. The number of citations paid and citations dismissed.

SB375,14,17 5. The costs associated with implementation and operation of the systems, and revenues collected by each jurisdiction.

SB375,14,20 6. The uses of revenues collected by use of systems in the jurisdiction, including information on roadway traffic safety projects, traffic safety education, and law enforcement activities and programs that were implemented.

SB375,14,22 7. Before and after data on the number of law enforcement officers, including the number of officers dedicated to traffic enforcement.

SB375,15,2 8. An evaluation of whether use of systems has resulted in traffic impacts on highways that may be susceptible to traffic diversion, in the vicinity of corridors with installed systems.

SB375,15,4 9. The results of surveys and outreach to low-income and predominantly minority communities where systems were deployed.

SB375,15,6 (7) A visual image made by a speed safety camera system is not subject to the right of inspection and copying under s. 19.35 (1).

SB375,15,7 (8) This section applies only in a 1st class city.

SB375,15,9 (9) Subsection (2) does not apply 5 years after the initial implementation of a speed safety camera system.

SB375,7 Section 7. 346.60 (6) of the statutes is created to read:

SB375,15,18 346.60 (6) A vehicle owner found liable under s. 346.575 is subject to a forfeiture in the same amount that may be imposed on a vehicle operator for the corresponding violation of s. 346.57 including, if applicable, the doubling of the forfeiture as provided in sub. (3m) (a). For purposes of this subsection, a person’s prior violation of s. 346.57 may be counted as a prior violation of s. 346.575. Imposition of liability under s. 346.575 shall not result in suspension or revocation of a person’s operating privilege under s. 343.30 or 343.31, nor shall it result in demerit points being recorded on a person’s driving record under s. 343.32 (2) (a).

SB375,15,19 (end)