AB365,1 Section 1. 346.01 (2) of the statutes is amended to read:

AB365,2,6 346.01 (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, 346.452, 346.457, 346.465, 346.485, 346.505 (3), 346.575, 346.675, and 346.945.

AB365,2 Section 2 . 346.575 of the statutes is created to read:

AB365,2,12 346.575 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.

AB365,3,3 (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.

AB365,3,13 (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 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.

AB365,3,17 (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.

AB365,3,19 (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.

AB365,3,20 (b) All of the following are defenses to a violation of this section:

AB365,3,23 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.

AB365,4,3 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.

AB365,4,8 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 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.

AB365,4,15 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 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.

AB365,4,17 (6) (a) If a local law enforcement agency uses an automated speed enforcement system, the local law enforcement agency shall do all of the following:

AB365,4,22 1. Clearly identify the presence of a system by signs stating “Photo Enforced,” along with the posted speed limit. The signs 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 department determines are necessary to provide adequate notice of the presence of a system.

AB365,5,2 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 law enforcement agency's website. The information under this paragraph shall be updated whenever the local law enforcement agency changes locations that are enforced with a system or hours of enforcement.

AB365,5,5 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.

AB365,5,8 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 law enforcement agency, and the enforcement of traffic and speeding laws.

AB365,5,11 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.

AB365,5,17 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 municipality 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.

AB365,5,19 5. Use a system that provides real-time notification when violations are detected.

AB365,5,21 (b) Before using an automated speed enforcement system under this section, a law enforcement agency shall do all of the following:

AB365,5,25 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:

AB365,6,1 a. The system use policy under par. (c).

AB365,6,2 b. The system impact report under par. (d).

AB365,6,3 c. The date on which use of systems will begin.

AB365,6,4 d. The highways on which systems will be used.

AB365,6,5 e. The law enforcement agency's website.