SB375: Bill Text

SB375,3,11 346.375 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.

SB375,3,13 (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:

SB375,3,16 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.

SB375,3,20 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.

SB375,3,23 (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.

SB375,4,7 (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.

SB375,4,12 (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.

SB375,4,14 (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.

SB375,4,15 (b) All of the following are defenses to a violation of this section:

SB375,4,18 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.

SB375,5,2 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.

SB375,5,9 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.

SB375,5,11 (6) If a local authority uses a traffic control photographic system, the local authority shall do all of the following:

SB375,5,15 (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.

SB375,5,19 (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.

SB375,5,22 (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.

SB375,6,5 (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.

SB375,6,6 (8) (a) This section applies only in a 1st class city.

SB375,6,9 (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.

SB375,6,11 (9) Subsection (2) does not apply 5 years after the initial implementation of a traffic control photographic system.

SB375,4 Section 4. 346.43 (1) (b) 1. of the statutes is amended to read:

SB375,6,16 346.43 (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.

SB375,5 Section 5. 346.43 (5) of the statutes is created to read:

SB375,7,2 346.43 (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).

SB375,6 Section 6. 346.575 of the statutes is created to read:

SB375,7,8 346.575 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.

SB375,7,14 (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.

SB375,8,2 (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.

SB375,8,7 (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.

SB375,8,9 (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.

SB375,8,10 (b) All of the following are defenses to a violation of this section:

SB375,8,13 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.

SB375,8,18 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.

SB375,9,2 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.

SB375,9,9 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.

SB375,9,11 (6) (a) If a local authority uses a speed safety camera system, the local authority shall do all of the following:

SB375,9,17 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.

SB375,9,21 2. Identify the streets or portions of streets for which the use of a system has been approved and the hours of enforcement on the local authority’s website. The information under this subdivision shall be updated whenever the local authority changes locations that are enforced with a system or hours of enforcement.

SB375,9,22 3. a. Use law enforcement officers or other trained designated employees to oversee the operation of systems and maintain control over all enforcement activities, including the determination of when a citation should be issued.

SB375,10,5 b. Properly train law enforcement officers and other designated employees in the use of a system, including the operation, set-up, and testing of a system deployed by the local authority, and the enforcement of traffic and speeding laws.

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)