AB371: Bill Text

2025 - 2026 LEGISLATURE

LRB-3717/1

EVM:wlj

2025 ASSEMBLY BILL 371

July 17, 2025 - Introduced by Representatives Novak, Haywood, Goodwin, Kirsch, Brooks, Duchow, Miresse, Melotik, Tusler, Arney, Palmeri, Prado, Neylon, Udell and Phelps, cosponsored by Senators Tomczyk, Drake, L. Johnson, Carpenter, Larson, Habush Sinykin, Keyeski, Pfaff, Spreitzer and James. Referred to Committee on Criminal Justice and Public Safety.

AB371,1,4 An Act to amend 346.01 (2), 346.02 (12) and 346.43 (1) (b) 1.; to create 346.375, 346.43 (5), 346.575 and 346.60 (6) of the statutes; relating to: the use of speed safety camera systems and traffic 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 a speed safety camera system (SSCS) to identify speed limit violations and a traffic control photographic system (TCPS) to identify certain 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, a first class city may use an SSCS to determine compliance with speed limits. With exceptions, the vehicle owner is subject to a forfeiture for a speed limit violation detected by an SSCS. However, no traffic citation may be issued for a speed limit violation for which the SSCS indicated a speed of less than 15 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 SSCS to determine compliance with speed limits. The authorization of the use of an SSCS to determine compliance with speed limits expires five years after an SSCS is implemented.

This bill also authorizes a first class city to use a TCPS 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 is 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 $20 and $100. The authorization of the use of a TCPS to detect traffic signal violations expires five years after a TCPS is implemented.

Forfeitures collected under either of these authorizations must be appropriated for the costs of implementing and operating the system and after those costs have been paid may be used only for traffic enforcement, traffic safety programs, and traffic safety infrastructure.

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:

AB371,1 Section 1. 346.01 (2) of the statutes is amended to read:

AB371,2,6 346.01 (2) In this chapter, notwithstanding s. 340.01 (42), “owner” means, with respect to a vehicle that is registered, or is required to be registered, by a lessee of the vehicle under ch. 341, the lessee of the vehicle for purposes of vehicle owner liability under ss. 346.175, 346.195, 346.205, 346.375, 346.452, 346.457, 346.465, 346.485, 346.505 (3), 346.575, 346.675, and 346.945.

AB371,2 Section 2. 346.02 (12) of the statutes is amended to read:

AB371,3,4 346.02 (12) Applicability to electric scooters and electric personal assistive mobility devices. An electric scooter and an electric personal assistive mobility device shall be considered a vehicle for purposes of ss. 346.04 to 346.10, 346.12, 346.13, 346.15, 346.16, 346.18, 346.19, 346.20, 346.215 (3), 346.23 to 346.28, 346.31 to 346.35, 346.37, 346.38 to 346.40, 346.44, 346.46, 346.47, 346.48, 346.50 to 346.55, 346.57, 346.59, 346.62, 346.65 (5m), 346.67 to 346.70, 346.78, 346.80, 346.87, 346.88, 346.90, 346.91, and 346.94 (4), (5), (9), and (10), except those provisions which by their express terms apply only to motor vehicles or which by their very nature would have no application to electric scooters or electric personal assistive mobility devices.

AB371,3 Section 3. 346.375 of the statutes is created to read:

AB371,3,11 346.375 Owner’s liability for certain violations related to traffic control signals. (1) In this section, “traffic control photographic system” or “system” means an electronic system consisting of a photographic, video, or electronic camera and a vehicle sensor installed for use with an official traffic control signal to automatically produce photographs or video or digital images, stamped with the time and date, of vehicles moving through an intersection.

AB371,3,13 (2) (a) Subject to sub. (6), a local authority may use a traffic control photographic system to detect a motor vehicle doing any of the following:

AB371,3,16 1. When facing a traffic control signal at an intersection that exhibits a red light, including a flashing red light, fully entering the intersection without stopping.

AB371,3,20 2. When facing a traffic control signal at an intersection that exhibits a red light, other than a flashing red light, after stopping at the intersection, proceeding through the intersection before the traffic control signal exhibits a green light if the vehicle is not making a right turn.

AB371,3,23 (b) Subject to sub. (5), the owner of a vehicle involved in a violation of par. (a) or a local ordinance in conformity with par. (a) that is determined by a system shall be liable for the violation as provided in this section.

AB371,4,7 (3) If a traffic officer or other employee of the local authority prepares a uniform traffic citation under s. 345.11 for a violation of this section, the traffic officer or employee shall serve the owner of the vehicle with the citation, within 30 business days after the violation, by personal service or by mailing the citation by 1st class mail addressed to the owner’s last-known address. A traffic officer or employee shall send with the citation a duplicate of the photograph, video, or digital image, taken by the traffic control photographic system, of the vehicle involved in the violation.

AB371,4,12 (4) Any forfeiture collected under this section shall be deposited into a separate segregated account from which moneys shall be used for the costs of implementing and operating the system and after those costs have been paid shall be administered by the collecting local authority and may be used only for purposes of traffic enforcement, traffic safety programs, and traffic safety infrastructure.

AB371,4,14 (5) (a) Except as provided in par. (b), it is not a defense to a violation of this section that the owner was not in control of the vehicle at the time of the violation.

AB371,4,15 (b) All of the following are defenses to a violation of this section:

AB371,4,18 1. That a report that the vehicle was stolen was made by the owner to a law enforcement agency before the violation occurred or within 7 business days after the violation occurred.

AB371,5,2 2. That the vehicle is owned by a lessor of vehicles and is registered in the name of the lessor, that at the time of the violation the vehicle was in the possession of a lessee, and that the lessor provided a traffic officer or designated employee of the local authority with the information required under s. 343.46 (3). In that case, the lessee may be charged with a violation of s. 346.37 (1) (c) 1. or an ordinance in conformity with s. 346.37 (1) (c) 1.

AB371,5,9 3. That the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.), but including the persons specified in s. 340.01 (11) (a) to (d), at the time of the violation the vehicle was being operated by a person on a trial run, and the dealer provided a traffic officer or designated employee of the local authority with the name, address, and operator’s license number of the person operating the vehicle. In that case, the person operating the vehicle may be charged with a violation of s. 346.37 (1) (c) 1. or an ordinance in conformity with s. 346.37 (1) (c) 1.

AB371,5,11 (6) If a local authority uses a traffic control photographic system, the local authority shall do all of the following:

AB371,5,15 (a) Place official traffic signs at or reasonably near the jurisdictional limits of the local authority on all county trunk highways and state trunk highways under the jurisdiction of the local authority informing motorists that intersections in the local authority may be monitored by traffic control photographic systems.

AB371,5,19 (b) Ensure that any photograph or video or digital image produced by the traffic control photographic system is taken from a direction to the rear of the vehicles moving through an intersection and be focused on the rear registration plate of such vehicles.

AB371,5,22 (c) Use traffic control photographic systems only at intersections that are identified as having an annual accident rate of 1.0 or greater in studies performed by the local authority in the 5 most recent years of high-frequency crash locations.

AB371,6,5 (7) Nothing in this section prohibits the issuance of a citation to the operator of a motor vehicle for a violation of s. 346.37 (1) (c) 1. or a local ordinance in conformity with s. 346.37 (1) (c) 1., but a person may not be subject to a forfeiture for a violation under this section and a violation of s. 346.37 (1) (c) 1. or a local ordinance in conformity with s. 346.37 (1) (c) 1. arising from the same incident or occurrence.

AB371,6,6 (8) (a) This section applies only in a 1st class city.

AB371,6,9 (b) If a 1st class city uses traffic control photographic systems under this section, systems may be used at no more than 5 intersections in an aldermanic district.

AB371,6,11 (9) Subsection (2) does not apply 5 years after the initial implementation of a traffic control photographic system.

AB371,4 Section 4. 346.43 (1) (b) 1. of the statutes is amended to read:

AB371,6,16 346.43 (1) (b) 1. Except as provided in subd. 2. or 3. or sub. (4), any operator of a vehicle violating ss. 346.37 to, 346.38, or 346.39 may be required to forfeit not less than $20 nor more than $40 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.

AB371,5 Section 5. 346.43 (5) of the statutes is created to read:

AB371,7,2 346.43 (5) A vehicle owner found liable under s. 346.375 is subject to a forfeiture of the same amount that may be imposed on a vehicle operator for the corresponding violation of s. 346.37 (1) (c) 1. including, if applicable, the doubling of the forfeiture as provided in sub. (1) (b) 3. For purposes of this subsection a person’s prior violation of s. 346.37 (1) (c) 1. may be counted as a prior violation of s. 346.375. Imposition of liability under s. 346.375 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).

AB371,6 Section 6. 346.575 of the statutes is created to read:

AB371,7,8 346.575 Owner’s liability for speed restriction violations detected by a speed safety camera system. (1) In this section, “speed safety camera system” or “system” means an electronic device that uses automated equipment to detect a vehicle’s speed and that is designed to obtain a clear visual image of a vehicle’s rear license plate.

AB371,7,14 (2) Notwithstanding s. 349.02 (3) (b) and subject to sub. (6), a local authority may use a speed safety camera system to determine compliance with a speed restriction 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 ordinance in conformity with s. 346.57 that is determined by a system shall be liable for the violation as provided in this section.

AB371,8,2 (3) If a traffic officer or other employee of the local authority reviews and prepares a uniform traffic citation under s. 345.11 for a violation of this section, the officer or employee shall serve the owner of the vehicle with the citation by mailing the citation by 1st class mail addressed to the owner’s last-known address within 30 business days after the violation. A traffic officer or employee shall send with the citation a duplicate of a visual image, taken by the speed safety camera system, of the rear license plate of the vehicle involved in the violation, the system’s location, and the date and time when the violation occurred. No traffic citation may be issued for a violation under this section for which the system indicated a speed of less than 15 miles per hour above the speed restriction established under s. 346.57 or 349.11.

AB371,8,7 (4) Any forfeiture collected under this section shall be deposited into a separate segregated account from which moneys shall be used for the costs of implementing the system and after those costs have been paid shall be administered by the collecting local authority and may be used only for purposes of traffic enforcement, traffic safety programs, and traffic safety infrastructure.

AB371,8,9 (5) (a) Except as provided in par. (b), it is not a defense to a violation of this section that the owner was not operating the vehicle at the time of the violation.

AB371,8,10 (b) All of the following are defenses to a violation of this section:

AB371,8,13 1. That a report that the vehicle was stolen was made by the owner to a law enforcement agency before the violation occurred or within 7 business days after the violation occurred.

AB371,8,18 2. That the owner of the vehicle provided a traffic officer or employee of the local authority with the name and 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 person operating the vehicle may be charged with a violation of s. 346.57 or a local ordinance in conformity with s. 346.57.

AB371,9,2 3. That the vehicle is owned by a lessor of vehicles and is registered in the name of the lessor, that at the time of the violation the vehicle was in the possession of a lessee, and that the lessor provided a traffic officer or employee of the local authority with the information required under s. 343.46 (3). In that case, the lessee may be charged with a violation of s. 346.57 or a local ordinance in conformity with s. 346.57.

AB371,9,9 4. That the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.), but including the persons specified in s. 340.01 (11) (a) to (d), that at the time of the violation the vehicle was being operated by a person on a trial run, and that the dealer provided a traffic officer or employee of the local authority with the name, address, and operator’s license number of the person operating the vehicle. In that case, the person operating the vehicle may be charged with a violation of s. 346.57 or a local ordinance in conformity with s. 346.57.

AB371,9,11 (6) (a) If a local authority uses a speed safety camera system, the local authority shall do all of the following:

AB371,9,17 1. Clearly identify the presence of a system by signs stating “Photo Enforced,” along with the posted speed limit. The signs shall conform to the manual on the uniform system of traffic control devices adopted by the department under s. 84.02 (4) (e), shall be visible to traffic traveling on the highway from the direction of travel for which the system is used, and shall be posted at all locations the local authority determines are necessary to provide adequate notice of the presence of a system.