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.

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:

SB741,1 Section 1. 343.32 (2) (bu) of the statutes is created to read:

SB741,2,3 343.32 (2) (bu) The scale adopted by the secretary may not assess any demerit points for a violation of an ordinance enacted under s. 349.107.

SB741,2 Section 2. 346.01 (2) of the statutes is amended to read:

SB741,2,9 346.01 (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, 346.452, 346.457, 346.465, 346.485, 346.505 (3), 346.575, 346.675, and 346.945.

SB741,3 Section 3 . 346.575 of the statutes is created to read:

SB741,3,2 346.575 Owner's liability for speed restriction violations detected by an automated speed enforcement system. (1) In this section, “automated speed enforcement 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.

SB741,3,9 (2) Notwithstanding s. 349.02 (3) (b) and subject to sub. (6), a local law enforcement agency with jurisdiction over traffic violations may use an automated speed enforcement 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.

SB741,3,19 (3) If a traffic officer reviews and prepares a uniform traffic citation under s. 345.11 for a violation of this section, the officer shall serve the owner of the vehicle with the citation by mailing the citation by certified mail addressed to the owner's last-known address within 5 business days after the violation. A traffic officer shall send with the citation a duplicate of a visual image, taken by the automated speed enforcement 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 20 miles per hour above the speed restriction established under s. 346.57 or 349.11.

SB741,3,23 (4) Any forfeiture collected under this section shall be deposited in a separate segregated account from which moneys may be used only for purposes of traffic enforcement and traffic safety programs administered by the local law enforcement agency providing police services in the collecting municipality.

SB741,3,25 (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.

SB741,4,1 (b) All of the following are defenses to a violation of this section:

SB741,4,4 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.

SB741,4,9 2. That the owner of the vehicle provided a traffic officer 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.