LRB-4152/1
ARG:kjf:jf
2007 - 2008 LEGISLATURE
February 25, 2008 - Introduced by Senator Carpenter, cosponsored by
Representatives Zepnick, Honadel, Berceau, Fields, Sinicki, Black, Bies,
Townsend, Soletski, Parisi, Musser, Ballweg and A. Ott. Referred to
Committee on Labor, Elections and Urban Affairs.
SB530,1,10
1An Act to amend 165.755 (1) (b), 302.46 (1) (a), 341.08 (4m), 341.10 (7m), 345.20
2(1) (b), 345.20 (2) (d), 345.26 (1) (a), 345.28 (title), 345.28 (2) (a) and (b), 345.28
3(3), 345.28 (4) (a) 1., 345.28 (4) (e) 1., 345.28 (4) (i), 345.28 (5) (a), 345.28 (5) (b)
42. (intro.) and a., 345.28 (5) (c) 1. and 2., 345.28 (7), 345.30, 345.31, 345.315 (1),
5345.36 (3), 345.37 (1) (b), 345.47 (1) (b), 752.31 (2) (c), 757.05 (1) (a), 778.103,
6785.05, 800.09 (1) (c), 800.095 (4) (b) 4. and 938.17 (1) (intro.); and
to create
7345.28 (1) (d) and 349.107 of the statutes;
relating to: the use of traffic control
8photographic systems to monitor intersections, imposing liability on the
9owners of vehicles involved in traffic control signal violations, and providing a
10penalty.
Analysis by the Legislative Reference Bureau
Under current law, the governing body of a municipality may not enact a traffic
ordinance unless the ordinance strictly conforms to current state traffic law or the
ordinance is expressly authorized by law. State law imposes liability on the owner
of a vehicle that is observed violating certain laws or local ordinances, including laws
or local ordinances that prohibit fleeing a traffic officer, failing to yield the
right-of-way to an emergency vehicle or funeral procession, passing a fire truck or
school bus, and parking in a parking space designated for vehicles with special
registration plates.
This bill authorizes the governing body of a county, city, village, or town to enact
an ordinance that permits the use of a traffic control photographic system (TCPS) on
highways under the jurisdiction of the county, city, village, or town to detect and
identify motor vehicles that fail to stop at red traffic signals at intersections and to
wait for a green signal (red light violations). A TCPS is defined as an electronic
system that consists of a photographic, video, or electronic camera and a vehicle
sensor that work in conjunction with a traffic control signal to automatically produce
photographs, stamped with the time and date, of motor vehicles traveling through
an intersection. With exceptions, the vehicle owner is subject to a forfeiture for the
red light violation detected by a TCPS, but if the vehicle owner successfully asserts
certain defenses, the lessee or operator of the vehicle is subject to a forfeiture for the
violation. The bill requires the ordinance to include a provision that allows a traffic
officer employed by the county, city, village, or town to issue a citation to the owner
of a vehicle for a red light violation that is detected by a TCPS or, in limited
circumstances, to the operator of such a vehicle. The ordinance must require the
local authority to send to the owner, or in limited circumstances the lessee or
operator, of the vehicle, by certified mail, the traffic citation and a duplicate of the
photograph, video, or digital image of the vehicle failing to stop at a red traffic signal.
The ordinance also must require that any photograph or other image produced by the
TCPS be focused on the rear license plate of the vehicles moving through an
intersection. The governing body of a county, city, village, or town that uses a TCPS
is required to erect signs at a sufficient distance from an intersection monitored by
a TCPS to warn motor vehicle operators that the intersection is monitored by a
TCPS.
If an owner is issued a traffic citation for a violation of the local ordinance, it
is not a defense that the owner was not in control of the vehicle at the time of the
violation, except that the owner may assert the following defenses:
1. The vehicle was reported stolen before the violation occurred or within a
reasonable time after the violation occurred.
2. If the vehicle is owned by, and registered in the name of, a lessor, a lessee who
is identified by the lessor had possession of the vehicle at the time of the traffic signal
violation. The lessee may be issued a citation for the red light violation.
3. If the vehicle is owned by a motor vehicle dealer, the vehicle was being
operated by another person on a trial run and the dealer provided a traffic officer
with the person's name, address, and operator's license number. The vehicle
operator may be issued a citation for the red light violation.
4. Any other defense established by the county, city, village, or town that is
specified in the ordinance.
Except for the service requirements described above, the procedure applicable
to citations for red light violations detected by a TCPS is the same as that applicable
to citations for nonmoving traffic violations (parking tickets), including potential
vehicle registration suspension for unpaid citations. A person convicted of a red light
violation detected by a TCPS is subject to a forfeiture of not more than $50 but is not
subject to additional surcharges, costs, or fees. The person's operating privilege may
not be suspended or revoked and the person may not be assessed any demerit points
on his or her driving record.
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:
SB530, s. 1
1Section
1. 165.755 (1) (b) of the statutes is amended to read:
SB530,3,92
165.755
(1) (b) A court may not impose the crime laboratories and drug law
3enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar),
4(bm), (br), or (bv) or (5) (b), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1.,
5346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood
6alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation,
7or for a violation of a state law or municipal or county ordinance involving a
8nonmoving traffic violation,
a violation of an ordinance enacted under s. 349.107, a
9violation under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).
SB530, s. 2
10Section
2. 302.46 (1) (a) of the statutes is amended to read:
SB530,4,411
302.46
(1) (a) If a court imposes a fine or forfeiture for a violation of state law
12or for a violation of a municipal or county ordinance except for a violation of s. 101.123
13(2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s. 23.33 (4c) (a)
142., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
15violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
16time of the violation, or for a violation of state laws or municipal or county ordinances
17involving nonmoving traffic violations,
a violation of an ordinance enacted under s.
18349.107, violations under s. 343.51 (1m) (b), or safety belt use violations under s.
19347.48 (2m), the court, in addition, shall impose a jail surcharge under ch. 814 in an
1amount of 1 percent of the fine or forfeiture imposed or $10, whichever is greater.
2If multiple offenses are involved, the court shall determine the jail surcharge on the
3basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part,
4the court shall reduce the jail surcharge in proportion to the suspension.
SB530, s. 3
5Section
3. 341.08 (4m) of the statutes is amended to read:
SB530,5,36
341.08
(4m) At least 30 days prior to the expiration of a vehicle's registration,
7the department shall mail to the last-known address of the registrant a notice of the
8date upon which the registration must be renewed and an application form for
9renewal of registration. The application form or an accompanying document shall
10include a list of any unpaid citations for nonmoving traffic violations
or violations of
11ordinances enacted under s. 349.107 or any judgments for violation of ch. 110, 194,
12or 341 to 350, an administrative rule of the department, or an ordinance enacted in
13accordance with s. 349.06, including parking violations
and violations of ordinances
14enacted under s. 349.107, and of any unpaid towing and storage charges associated
15with nonmoving traffic violations entered against the registrant that remain unpaid.
16The list of unpaid citations for nonmoving traffic violations
and violations of
17ordinances enacted under s. 349.107, and of unpaid towing and storage charges
18associated with nonmoving traffic violations
, shall be based on information obtained
19under s. 345.28 (4). The list of unpaid judgments shall be based on information
20obtained under s. 345.47 (1) (d). If there is a citation for any nonmoving traffic
21violation
or violation of an ordinance enacted under s. 349.107 entered against the
22registrant that is unpaid, he or she shall be notified that the vehicle may not be
23registered until the citation is paid or the registrant appears in court to respond to
24the citation. If there are any towing and storage charges entered against the
25registrant that are unpaid, he or she shall be notified that the vehicle may not be
1registered until such towing and storage charges are paid. If there is a judgment
2entered against the registrant which is unpaid, he or she shall be notified that the
3vehicle may not be registered until the judgment is paid.
SB530, s. 4
4Section
4. 341.10 (7m) of the statutes is amended to read:
SB530,5,105
341.10
(7m) An authority has notified the department under s. 345.28 (4) that
6a citation for a nonmoving traffic violation
or violation of an ordinance enacted under
7s. 349.107 has been issued against the applicant and the applicant has not paid the
8citation or appeared in court to respond to the citation or that the applicant has not
9paid towing and storage charges associated with a citation for a nonmoving traffic
10violation issued against the applicant.
SB530, s. 5
11Section
5. 345.20 (1) (b) of the statutes is amended to read:
SB530,5,1612
345.20
(1) (b) "Traffic regulation" means a provision of chs. 194 or 341 to 349
13for which the penalty for violation is a forfeiture or an ordinance enacted in
14accordance with s. 349.06. Except as otherwise specifically provided, "traffic
15regulation" does not include a nonmoving traffic violation as defined in s. 345.28 (1)
16or a violation of an ordinance enacted under s. 349.107.
SB530, s. 6
17Section
6. 345.20 (2) (d) of the statutes is amended to read:
SB530,5,2318
345.20
(2) (d)
A nonmoving Nonmoving traffic
violation is violations and
19violations of ordinances enacted under s. 349.107 are governed by s. 345.28. The trial
20of forfeiture actions for nonmoving traffic violations
and violations of ordinances
21enacted under s. 349.107 is governed by ss. 345.28 and 345.34 to 345.47. Where no
22specific procedure is provided in ss. 345.28 or 345.34 to 345.47, ch. 799 applies to
23actions in circuit court and ch. 800 applies to actions in municipal court.
SB530, s. 7
24Section
7. 345.26 (1) (a) of the statutes is amended to read:
SB530,6,9
1345.26
(1) (a) A person arrested under s. 345.22
or 345.28 (5) for the violation
2of a traffic regulation
, or under s. 345.28 (5) for a nonmoving traffic violation or
3violation of an ordinance enacted under s. 349.107, who is allowed to make a deposit
4under s. 345.23 (2) (a) or 345.28 (5) shall deposit the money as the arresting officer
5directs by either mailing the deposit at a nearby mailbox to the office of the sheriff,
6headquarters of the county traffic patrol, district headquarters or station of the state
7traffic patrol, city, village or town police headquarters or a precinct station, the office
8of the municipal judge, the office of the clerk of court, or by going, in the custody of
9the arresting officer, to any of those places to make the deposit.
SB530, s. 8
10Section
8. 345.28 (title) of the statutes is amended to read:
SB530,6,11
11345.28 (title)
Nonmoving violations and certain red light violations.
SB530, s. 9
12Section
9. 345.28 (1) (d) of the statutes is created to read:
SB530,6,1413
345.28
(1) (d) "Red light violation" means a violation of an ordinance enacted
14under s. 349.107.
SB530, s. 10
15Section
10. 345.28 (2) (a) and (b) of the statutes are amended to read:
SB530,6,2016
345.28
(2) (a) A person charged with a nonmoving traffic violation
or red light
17violation may mail the amount of the forfeiture to any of the places specified in s.
18345.26 (1) or to a violations bureau, or to the city, town or county clerk or treasurer
19if the traffic citation so provides. In that case, the citation shall not be filed with or
20transmitted to court.
SB530,6,2321
(b) If the person appears in response to a citation for a nonmoving traffic
22violation
or red light violation, the procedures under ss. 345.34 to 345.47 apply,
23except as provided in par. (c).
SB530, s. 11
24Section
11. 345.28 (3) of the statutes is amended to read:
SB530,7,9
1345.28
(3) (a) If the person does not pay the forfeiture or appear in court in
2response to the citation for a nonmoving traffic violation
or red light violation on the
3date specified in the citation or, if no date is specified in the citation, within 28 days
4after the citation is issued, the authority that issued the citation may issue a
5summons under s. 968.04 (3) (b) to the person and, in lieu of or in addition to issuing
6the summons, may proceed under sub. (4) or (5) but, except as provided in this
7section, no warrant may be issued for the person. If the person does not pay towing
8and storage charges associated with a citation for a nonmoving traffic violation, the
9authority that issued the citation may proceed under sub. (4).
SB530,7,1110
(b) If the person appears in response to a summons for a nonmoving traffic
11violation
or red light violation, the procedures under ss. 345.34 to 345.47 apply.
SB530, s. 12
12Section
12. 345.28 (4) (a) 1. of the statutes is amended to read:
SB530,7,1813
345.28
(4) (a) 1. If the person does not pay the forfeiture or appear in court in
14response to the citation for a nonmoving traffic violation
or red light violation on the
15date specified in the citation or, if no date is specified in the citation, within 28 days
16after the citation is issued, the authority may notify the department in the form and
17manner prescribed by the department that a citation has been issued to the person
18and the citation remains unpaid.
SB530, s. 13
19Section
13. 345.28 (4) (e) 1. of the statutes is amended to read:
SB530,8,320
345.28
(4) (e) 1. If the person subsequently pays the amount of the forfeiture
21and the costs, if any, under par. (d) or appears in court in response to the citation or
22a notice by the authority who issued the citation or the department, the department
23shall be immediately notified in the form and manner prescribed by the department.
24If the vehicle involved in
the a nonmoving traffic violation is owned by a person
25engaged in the business of renting or leasing motor vehicles and the owner pays the
1costs, if any, under par. (d) and
50% 50 percent of the forfeiture, the authority shall
2immediately notify the department in the form and manner prescribed by the
3department.
SB530, s. 14
4Section
14. 345.28 (4) (i) of the statutes is amended to read:
SB530,8,135
345.28
(4) (i) Notwithstanding any other provision of this subsection or ss.
6341.10 (7m) and 341.63 (1) (c), the department may permit an authority to send a
7single notice to the department under par. (a) 1. with respect to 2 or more
nonmoving
8traffic violation citations, or 2 or more red light violation citations
, that have been
9issued to a person and remain unpaid and, if an authority sends a notice specified
10in this paragraph to the department, the authority and department shall treat any
11such notice for purposes of any other provision of this section or ss. 341.10 (7m) and
12341.63 (1) (c) in the same manner as a notice to the department under par. (a) 1. with
13respect to a single citation.
SB530, s. 15
14Section
15. 345.28 (5) (a) of the statutes is amended to read:
SB530,8,2015
345.28
(5) (a) In lieu of the procedure under sub. (4), if the person does not pay
16the forfeiture or appear in court in response to the citation for a nonmoving traffic
17violation
or red light violation on the date specified in the citation or, if no date is
18specified in the citation, within 28 days after the citation was issued, the authority,
19after sending 2 notices which meet the requirements under sub. (4) (c) 1., may issue
20a warrant under par. (b) for the person.
SB530, s. 16
21Section
16. 345.28 (5) (b) 2. (intro.) and a. of the statutes are amended to read:
SB530,8,2322
345.28
(5) (b) 2. (intro.) If an officer contacts a person for whom a warrant for
23a nonmoving traffic violation
or red light violation has been issued under subd. 1.:
SB530,9,1424
a. The officer shall accept a deposit of money or a deposit of the person's valid
25Wisconsin operator's license in lieu of serving the warrant and arresting the person.
1If the license is deposited with the officer, the officer shall issue to the licensee a
2receipt, on a form provided by the department, which is valid as an operator's license
3through a date specified on the receipt, not to exceed 30 days from the date of contact,
4which shall be the same as the court appearance date and the officer shall at the
5earliest possible time prior to the court appearance date deposit the license with the
6court. If a deposit of money is made, s. 345.26 (1) (a) and (2) to (5) applies. The officer
7shall notify the person who deposits money or his or her license, in writing, of the
8specific actions which the authority and the courts are authorized to take under this
9section if the person fails to appear in court at the time specified by the officer, not
10to exceed 30 days from the date of contact, or at any subsequent court appearance
11for the nonmoving traffic violation citation
or red light violation. If the person makes
12a deposit of money or deposits his or her valid Wisconsin operator's license, the officer
13shall return the warrant to the court or judge who issued the warrant and the court
14or judge shall vacate the warrant.
SB530, s. 17
15Section
17. 345.28 (5) (c) 1. and 2. of the statutes are amended to read:
SB530,9,2416
345.28
(5) (c) 1. If the person who was contacted under par. (b) 2. and who has
17made a deposit of money fails to appear in court at the date specified by the officer
18under par. (b) 2. a. or set under s. 345.32, 345.34 or 345.36 or at any subsequent court
19appearance for the nonmoving traffic violation
or red light violation, the person shall
20be deemed to have entered a plea of no contest. The court shall accept the plea of no
21contest, find the defendant guilty and proceed under s. 345.47, except that the
22deposit shall be forfeited and serve as payment of the judgment. The court shall give
23notice of the entry of judgment to the defendant by mailing a copy of the judgment
24to the defendant's last-known address.
SB530,10,19
12. If the person who was contacted under par. (b) 2. and who has deposited his
2or her operator's license fails to appear in court at the date specified by the officer
3under par. (b) 2. a. or set under s. 345.32, 345.34 or 345.36 or at any subsequent court
4appearance for the nonmoving traffic violation
or red light violation, the person may
5be deemed to have entered a plea of no contest. The court may accept the plea of no
6contest, find the defendant guilty and, except as limited by sub. (6), proceed under
7s. 345.47. If the court enters judgment under s. 345.47 (1), the court shall give notice
8of the entry of judgment to the defendant by mailing a copy of the judgment to the
9defendant's last-known address. The court shall also mail to the defendant's
10last-known address a statement setting forth the actions the court may take under
11s. 345.47 if the judgment is not paid. In lieu of accepting the plea of no contest, the
12court may issue a warrant commanding that the person be arrested and brought
13before the court. Unless the case is tried immediately with the person's consent, any
14person who is arrested on a warrant issued under this subdivision may be released
15on his or her own recognizance or on posting bond or may be released without bail
16and shall be released if the person posts cash bail for his or her appearance. The court
17may retain the person's license, but the person's operating privilege may not be
18suspended until after judgment is entered under s. 345.47 and the judgment is not
19paid.
SB530, s. 18
20Section
18. 345.28 (7) of the statutes is amended to read:
SB530,11,521
345.28
(7) Nothing in this section prevents a court from issuing a warrant
22under s. 345.36 or 345.37 if the person appears in court in response to a citation for
23a nonmoving traffic violation
or red light violation or after notice by the authority
24who issued the citation or the department under sub. (4) with respect to the citation
25or on the date specified by the officer or the court under sub. (5) and then fails to
1appear in court at any time fixed by subsequent postponement. Unless the case is
2tried immediately with the person's consent, any person who is arrested on a warrant
3issued under this subsection may be released on his or her own recognizance or on
4posting bond or may be released without bail and shall be released if the person posts
5cash bail for his or her appearance.
