AB859,5,2519 4. Ensure that the system is regularly inspected and certify that the system is
20installed and operating properly. The local law enforcement agency shall calibrate
21each camera unit in accordance with the manufacturer's instructions, and shall
22ensure that, at least once a year, each camera unit is calibrated by an independent
23calibration laboratory. The local law enforcement agency shall retain documentation
24of the regular inspection, operation, and calibration of a system until the date on
25which the system has been permanently removed from use.
AB859,6,2
15. Use a system that provides real-time notification when violations are
2detected.
AB859,6,43 (b) Before using an automated speed enforcement system under this section,
4a law enforcement agency shall do all of the following:
AB859,6,85 1. Administer a public information campaign for at least 30 days before the
6commencement of use of a system. The campaign shall include public
7announcements in major media outlets and press releases. The campaign shall
8include the following information:
AB859,6,99 a. The system use policy under par. (c).
AB859,6,1010 b. The system impact report under par. (d).
AB859,6,1111 c. The date on which use of systems will begin.
AB859,6,1212 d. The highways on which systems will be used.
AB859,6,1313 e. The law enforcement agency's website.
AB859,6,1814 2. Issue warning notices rather than citations for violations detected by a
15system during the first 90 days during which a system is used under this section.
16Whenever a system is first used on a highway, the local law enforcement agency shall
17issue warning notices rather than citations for violations detected by the systems
18during the first 30 calendar days of enforcement.
AB859,7,519 (c) A local law enforcement agency shall prepare and adopt a system use policy
20before entering into an agreement regarding a system, purchasing or leasing
21equipment for a system, or implementing this section. The system use policy shall
22include the specific purpose for the system, the uses that are authorized, the rules
23and processes required before that use, and the uses that are prohibited. The policy
24shall specify the information that may be collected by a system, the individuals who
25may access and use the collected information, and the procedure for accessing and

1using the information. The policy shall include provisions for protecting data from
2unauthorized access, data retention, public access, 3rd-party data sharing, training,
3auditing, and oversight. The system use policy shall be made available for public
4review, including by posting it on the local law enforcement agency's website, at least
530 calendar days before adoption.
AB859,7,86 (d) A local law enforcement agency shall prepare and adopt a system impact
7report and make the report available for public review at least 30 days before
8approval. The system impact report shall include all of the following:
AB859,7,99 1. A description of the systems to be used and how they work.
AB859,7,1010 2. The proposed purpose of a system.
AB859,7,1211 3. The locations in which a system may be deployed and traffic data for these
12locations.
AB859,7,1413 4. An assessment of the potential impact of the system on civil liberties and civil
14rights and any plans to safeguard those public rights.
AB859,7,1715 5. If potential deployment locations of systems are predominantly in
16low-income neighborhoods, a determination as to why these locations experience
17high fatality and injury collisions due to unsafe speed.
AB859,7,1918 6. The fiscal costs of a system, including establishment costs, ongoing costs, and
19program funding.
AB859,7,2120 (e) A local law enforcement agency shall develop uniform guidelines for all of
21the following:
AB859,7,2222 1. The screening and issuing of citations under this section.
AB859,7,2423 2. The processing and storage of confidential information under this section
24and procedures to ensure compliance with confidentiality requirements.
AB859,8,12
1(f) A contract between a local law enforcement agency and a manufacturer or
2supplier of an automated speed enforcement system shall allow the agency to
3purchase materials, lease equipment, and contract for processing services from the
4manufacturer or supplier based on the services rendered on a monthly schedule or
5another schedule agreed upon by the agency and contractor. The contract may not
6include provisions for payment or compensation based on the number of citations
7issued under this section, or as a percentage of revenue generated, from the use of
8the system. The contract shall include a provision that all data collected from a
9system is confidential, and shall prohibit the manufacturer or supplier of a system
10from sharing, repurposing, or monetizing collected data. The local law enforcement
11agency shall oversee and maintain control over all enforcement activities, including
12the determination of when a citation should be issued.
AB859,8,1713 (g) Two years after implementation of an automated speed enforcement
14program and 5 years after the effective date of this paragraph .... [LRB inserts date],
15a local law enforcement agency shall prepare and submit to the standing committees
16of the legislature with jurisdiction over transportation matters a system report that
17includes all of the following information:
AB859,8,1818 1. A description of how systems were used.
AB859,8,2119 2. Whether and how often system data was shared with outside entities, the
20name of any recipient entity, the type or types of data disclosed, and the legal reason
21for the disclosure.
AB859,8,2322 3. A summary of any community complaints or concerns about the use of
23systems.
AB859,8,2524 4. Results of any internal audits, information about any violations of the
25system use policy, and any actions taken in response.
AB859,9,2
15. Information regarding the impact that the use of systems has had on the
2highways where the systems were deployed.
AB859,9,33 6. A summary of any public records requests related to systems.
AB859,9,114 (h) Not later than March 1 of the 5th year beginning after the effective date of
5this paragraph .... [LRB inserts date], a local law enforcement agency shall prepare
6and submit to the standing committees of the legislature with jurisdiction over
7transportation matters an evaluation of the use of automated speed enforcement
8systems in its jurisdiction, including an assessment of the system's impact on
9highway safety and the system's economic impact on the communities where the
10system is used. The report shall be made available on the website of the local law
11enforcement agency and shall include all of the following information:
AB859,9,1712 1. Before and after data on the number and proportion of vehicles speeding
13between 10 to 19 miles per hour over the legal speed limit, 20 to 29 miles per hour
14over the legal speed limit, 30 to 39 miles per hour over the legal speed limit, and every
15additional 10 miles per hour increment thereafter on a highway on which a system
16is used to enforce speed limits. To the extent feasible, the data should be collected at
17the same time of day, day of week, and location.
AB859,9,2018 2. The number of citations issued under this section by month and year and the
19corridors or locations where violations occurred and, to the extent feasible, the day
20of the week and time the violation occurred.
AB859,9,2321 3. Before and after data on the number of traffic collisions, categorized by injury
22severity that occurred where systems are used relative to jurisdiction-wide data and
23the mode of transportation of the parties involved.
AB859,9,2424 4. The number of citations paid and dismissed.
AB859,10,2
15. The costs associated with implementation and operation of the systems, and
2revenues collected by each jurisdiction.
AB859,10,53 6. The uses of revenues collected by use of systems in the jurisdiction, including
4information on roadway traffic safety projects, traffic safety education, and law
5enforcement activities and programs that were implemented.
AB859,10,76 7. Before and after data on the number of law enforcement officers, including
7the number of officers dedicated to traffic enforcement.
AB859,10,108 8. An evaluation of whether use of systems has resulted in traffic impacts on
9highways that may be susceptible to traffic diversion, in the vicinity of corridors with
10installed systems.
AB859,10,1211 9. The results of surveys and outreach to low-income and predominantly
12minority communities where systems were deployed.
AB859,10,14 13(7) A visual image made by an automated speed enforcement system is not
14subject to the right of inspection and copying under s. 19.35 (1).
AB859,10,15 15(8) This section applies only in the city of Milwaukee.
AB859,10,17 16(9) This section does not apply 5 years after the effective date of this subsection
17.... [LRB inserts date].
AB859,3 18Section 3. 346.60 (6) of the statutes is created to read:
AB859,11,219 346.60 (6) A vehicle owner found liable under s. 346.575 is subject to a
20forfeiture in the same amount that may be imposed on a vehicle operator for the
21corresponding violation of s. 346.57 including, if applicable, the doubling of the
22forfeiture as provided in sub. (3m) (a). For purposes of this subsection, a person's
23prior violation of s. 346.57 may be counted as a prior violation of s. 346.575.
24Imposition of liability under s. 346.575 shall not result in suspension or revocation

1of a person's operating privilege under s. 343.30 or 343.31, nor shall it result in
2demerit points being recorded on a person's driving record under s. 343.32 (2) (a).
AB859,4 3Section 4. 349.107 of the statutes is created to read:
AB859,11,5 4349.107 Authority to use traffic control photographic systems. (1) In
5this section:
AB859,11,86 (a) In addition to the meaning given in s. 340.01 (42), “owner" means, with
7respect to a vehicle that is registered, or that is required to be registered, by a lessee
8of the vehicle under ch. 341, the lessee of the vehicle.
AB859,11,139 (b) “Traffic control photographic system" means an electronic system consisting
10of a photographic, video, or electronic camera and a vehicle sensor installed for use
11with an official traffic control signal to automatically produce photographs or video
12or digital images, stamped with the time and date, of vehicles moving through an
13intersection.
AB859,11,15 14(2) Subject to sub. (3), the common council of the city of Milwaukee may enact
15an ordinance that does all of the following:
AB859,11,1816 (a) Subjects a person to a forfeiture for being the owner of a motor vehicle that,
17when facing a traffic control signal at an intersection that exhibits a red light other
18than a flashing red light, does any of the following:
AB859,11,1919 1. Enters the intersection without stopping.
AB859,11,2220 2. After stopping at the intersection, proceeds through the intersection before
21the traffic control signal exhibits a green light if the vehicle is not making a right
22turn.
AB859,11,2523 (b) Allows the use of a traffic control photographic system on highways under
24the jurisdiction of the municipality, including connecting highways, for the purpose
25of detecting violations described in par. (a).
AB859,12,3
1(c) Subjects a person to a forfeiture for being the lessee or operator of a motor
2vehicle the owner of which would be subject to a forfeiture under this section but for
3the owner's successful assertion of a defense under sub. (3) (c) 2. or 3.
AB859,12,54 (d) Appropriates forfeitures collected under this section to the agency providing
5police services in the collecting municipality for public safety purposes.
AB859,12,6 6(3) An ordinance enacted under sub. (2) shall include all of the following:
AB859,12,117 (a) A requirement that official traffic signs be placed at or reasonably near the
8corporate limits of the municipality on all county trunk highways and connecting
9highways under the jurisdiction of the municipality informing motorists that
10intersections in the municipality may be monitored by traffic control photographic
11systems.
AB859,12,2212 (b) A requirement that, if a traffic officer employed by the governing body of the
13municipality prepares a citation for a violation of an ordinance enacted under this
14section, the traffic officer shall serve the owner of the vehicle with the citation, within
155 business days after the violation, by personal service or by mailing the citation by
16certified mail addressed to the owner's last-known address. If the citation may be
17issued under par. (c) to the lessee or operator of the vehicle, the traffic officer shall
18serve the lessee or operator with the citation, in the same manner required for service
19on the vehicle owner, within 5 business days of determining that the vehicle owner
20is likely to successfully assert a defense under par. (c). A traffic officer shall send with
21the citation a duplicate of the photograph, video, or digital image, taken by the traffic
22control photographic system, of the vehicle involved in the violation.
AB859,12,2523 (c) A provision that it is not a defense to a violation of the ordinance that the
24owner was not in control of the vehicle at the time of the violation, except that all of
25the following are defenses to a violation of an ordinance enacted under this section:
AB859,13,3
11. That a report that the vehicle was stolen was made by the owner to a law
2enforcement agency before the violation occurred or within 5 business days after the
3violation occurred.
AB859,13,84 2. That the vehicle is owned by a lessor of vehicles and is registered in the name
5of the lessor, that at the time of the violation the vehicle was in the possession of a
6lessee, and that the lessor provided a traffic officer with the information required
7under s. 343.46 (3). In that case, the lessee may be issued a citation and charged with
8a violation of the ordinance enacted under this section.
AB859,13,149 3. That the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.), but
10including the persons specified in s. 340.01 (11) (a) to (d), at the time of the violation
11the vehicle was being operated by a person on a trial run, and the dealer provided
12a traffic officer with the name, address, and operator's license number of the person
13operating the vehicle. In that case, the person operating the vehicle may be issued
14a citation and charged with a violation of the ordinance enacted under this section.
AB859,13,1515 4. Any other defense specified in the ordinance.
AB859,13,1916 (d) A provision that permits a court to impose a forfeiture for a violation of an
17ordinance enacted under this section of not more than the same amount that may be
18imposed on a vehicle operator for the corresponding violation of s. 346.37 (1) (c) 1. or
193.
AB859,13,2320 (e) A requirement that any photograph or video or digital image produced by
21the traffic control photographic system be taken from a direction to the rear of the
22vehicles moving through an intersection and be focused on the rear registration plate
23of such vehicles.
AB859,14,224 (f) A requirement that a traffic control photographic system may be used only
25at an intersection that is identified as having an accident rate of 1.0 or greater in a

1study performed by the city of Milwaukee Police Department Safety Division of 2015
2high frequency crash locations.
AB859,14,43 (g) A requirement that traffic control photographic systems may be used at no
4more than 5 intersections in an aldermanic district.
AB859,14,10 5(4) Nothing in this section prohibits the issuance of a citation to the operator
6of a motor vehicle for a violation of s. 346.37 (1) (c) 1. or 3. or a local ordinance in
7conformity with s. 346.37 (1) (c) 1. or 3., but a person may not be subject to a forfeiture
8for a violation of an ordinance enacted under this section and a violation of s. 346.37
9(1) (c) 1. or 3. or a local ordinance in conformity with s. 346.37 (1) (c) 1. or 3. arising
10from the same incident or occurrence.
AB859,14,12 11(5) This section does not apply 5 years after the effective date of this subsection
12.... [LRB inserts date].
AB859,14,1313 (End)
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