LRB-5155/1

EVM:amn

2021 - 2022 LEGISLATURE

2021 Senate BILL 741

November 30, 2021 - Introduced by Senators Johnson, Bernier, Carpenter and Ballweg, cosponsored by Representatives L. Myers, Novak, Drake, Moore Omokunde, Emerson, Sinicki, Stubbs, Goyke, Kuglitsch, Murphy, Ohnstad, Considine, Vruwink, Ortiz-Velez and Andraca. Referred to Committee on Judiciary and Public Safety.

SB741,1,4 An Act to amend 346.01 (2); and to create 343.32 (2) (bu), 346.575, 346.60 (6) and 349.107 of the statutes; relating to: the use of automated speed enforcement 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 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 an 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.