AB859: Bill Text

AB859,5,25 4. Ensure that the system is regularly inspected and certify that the system is installed and operating properly. The local law enforcement agency shall calibrate each camera unit in accordance with the manufacturer's instructions, and shall ensure that, at least once a year, each camera unit is calibrated by an independent calibration laboratory. The local law enforcement agency 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.

AB859,6,2 5. Use a system that provides real-time notification when violations are detected.

AB859,6,4 (b) Before using an automated speed enforcement system under this section, a law enforcement agency shall do all of the following:

AB859,6,8 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:

AB859,6,9 a. The system use policy under par. (c).

AB859,6,10 b. The system impact report under par. (d).

AB859,6,11 c. The date on which use of systems will begin.

AB859,6,12 d. The highways on which systems will be used.

AB859,6,13 e. The law enforcement agency's website.

AB859,6,18 2. Issue warning notices rather than citations for violations detected by a system during the first 90 days during which a system is used under this section. Whenever a system is first used on a highway, the local law enforcement agency shall issue warning notices rather than citations for violations detected by the systems during the first 30 calendar days of enforcement.

AB859,7,5 (c) A local law enforcement agency shall prepare and adopt a system use policy before entering into an agreement regarding a system, purchasing or leasing equipment for a system, or implementing this section. The system use policy shall include the specific purpose for the system, the uses that are authorized, the rules and processes required before that use, and the uses that are prohibited. The policy shall specify the information that may be collected by a system, the individuals who may access and use the collected information, and the procedure for accessing and using the information. The policy shall include provisions for protecting data from unauthorized access, data retention, public access, 3rd-party data sharing, training, auditing, and oversight. The system use policy shall be made available for public review, including by posting it on the local law enforcement agency's website, at least 30 calendar days before adoption.

AB859,7,8 (d) A local law enforcement agency shall prepare and adopt a system impact report and make the report available for public review at least 30 days before approval. The system impact report shall include all of the following:

AB859,7,9 1. A description of the systems to be used and how they work.

AB859,7,10 2. The proposed purpose of a system.

AB859,7,12 3. The locations in which a system may be deployed and traffic data for these locations.

AB859,7,14 4. An assessment of the potential impact of the system on civil liberties and civil rights and any plans to safeguard those public rights.

AB859,7,17 5. If potential deployment locations of systems are predominantly in low-income neighborhoods, a determination as to why these locations experience high fatality and injury collisions due to unsafe speed.

AB859,7,19 6. The fiscal costs of a system, including establishment costs, ongoing costs, and program funding.

AB859,7,21 (e) A local law enforcement agency shall develop uniform guidelines for all of the following:

AB859,7,22 1. The screening and issuing of citations under this section.

AB859,7,24 2. The processing and storage of confidential information under this section and procedures to ensure compliance with confidentiality requirements.

AB859,8,12 (f) A contract between a local law enforcement agency and a manufacturer or supplier of an automated speed enforcement system shall allow the agency to purchase materials, lease equipment, and contract for processing services from the manufacturer or supplier based on the services rendered on a monthly schedule or another schedule agreed upon by the agency and contractor. The contract may not include provisions for payment or compensation based on the number of citations issued under this section, or as a percentage of revenue generated, from the use of the system. The contract shall include a provision that all data collected from a system is confidential, and shall prohibit the manufacturer or supplier of a system from sharing, repurposing, or monetizing collected data. The local law enforcement agency shall oversee and maintain control over all enforcement activities, including the determination of when a citation should be issued.

AB859,8,17 (g) Two years after implementation of an automated speed enforcement program and 5 years after the effective date of this paragraph .... [LRB inserts date], a local law enforcement agency shall prepare and submit to the standing committees of the legislature with jurisdiction over transportation matters a system report that includes all of the following information:

AB859,8,18 1. A description of how systems were used.

AB859,8,21 2. Whether and how often system data was shared with outside entities, the name of any recipient entity, the type or types of data disclosed, and the legal reason for the disclosure.

AB859,8,23 3. A summary of any community complaints or concerns about the use of systems.

AB859,8,25 4. Results of any internal audits, information about any violations of the system use policy, and any actions taken in response.

AB859,9,2 5. Information regarding the impact that the use of systems has had on the highways where the systems were deployed.

AB859,9,3 6. A summary of any public records requests related to systems.

AB859,9,11 (h) Not later than March 1 of the 5th year beginning after the effective date of this paragraph .... [LRB inserts date], a local law enforcement agency shall prepare and submit to the standing committees of the legislature with jurisdiction over transportation matters an evaluation of the use of automated speed enforcement systems in its jurisdiction, including an assessment of the system's impact on highway safety and the system's economic impact on the communities where the system is used. The report shall be made available on the website of the local law enforcement agency and shall include all of the following information:

AB859,9,17 1. Before and after data on the number and proportion of vehicles speeding between 10 to 19 miles per hour over the legal speed limit, 20 to 29 miles per hour over the legal speed limit, 30 to 39 miles per hour over the legal speed limit, and every additional 10 miles per hour increment thereafter on a highway on which a system is used to enforce speed limits. To the extent feasible, the data should be collected at the same time of day, day of week, and location.

AB859,9,20 2. The number of citations issued under this section by month and year and the corridors or locations where violations occurred and, to the extent feasible, the day of the week and time the violation occurred.

AB859,9,23 3. Before and after data on the number of traffic collisions, categorized by injury severity that occurred where systems are used relative to jurisdiction-wide data and the mode of transportation of the parties involved.

AB859,9,24 4. The number of citations paid and dismissed.

AB859,10,2 5. The costs associated with implementation and operation of the systems, and revenues collected by each jurisdiction.

AB859,10,5 6. The uses of revenues collected by use of systems in the jurisdiction, including information on roadway traffic safety projects, traffic safety education, and law enforcement activities and programs that were implemented.

AB859,10,7 7. Before and after data on the number of law enforcement officers, including the number of officers dedicated to traffic enforcement.

AB859,10,10 8. An evaluation of whether use of systems has resulted in traffic impacts on highways that may be susceptible to traffic diversion, in the vicinity of corridors with installed systems.

AB859,10,12 9. The results of surveys and outreach to low-income and predominantly minority communities where systems were deployed.

AB859,10,14 (7) A visual image made by an automated speed enforcement system is not subject to the right of inspection and copying under s. 19.35 (1).

AB859,10,15 (8) This section applies only in the city of Milwaukee.

AB859,10,17 (9) This section does not apply 5 years after the effective date of this subsection .... [LRB inserts date].

AB859,3 Section 3. 346.60 (6) of the statutes is created to read:

AB859,11,2 346.60 (6) A vehicle owner found liable under s. 346.575 is subject to a forfeiture in the same amount that may be imposed on a vehicle operator for the corresponding violation of s. 346.57 including, if applicable, the doubling of the forfeiture as provided in sub. (3m) (a). For purposes of this subsection, a person's prior violation of s. 346.57 may be counted as a prior violation of s. 346.575. Imposition of liability under s. 346.575 shall not result in suspension or revocation of a person's operating privilege under s. 343.30 or 343.31, nor shall it result in demerit points being recorded on a person's driving record under s. 343.32 (2) (a).

AB859,4 Section 4. 349.107 of the statutes is created to read:

AB859,11,5 349.107 Authority to use traffic control photographic systems. (1) In this section:

AB859,11,8 (a) In addition to the meaning given in s. 340.01 (42), “owner" means, with respect to a vehicle that is registered, or that is required to be registered, by a lessee of the vehicle under ch. 341, the lessee of the vehicle.

AB859,11,13 (b) “Traffic control photographic system" means an electronic system consisting of a photographic, video, or electronic camera and a vehicle sensor installed for use with an official traffic control signal to automatically produce photographs or video or digital images, stamped with the time and date, of vehicles moving through an intersection.

AB859,11,15 (2) Subject to sub. (3), the common council of the city of Milwaukee may enact an ordinance that does all of the following:

AB859,11,18 (a) Subjects a person to a forfeiture for being the owner of a motor vehicle that, when facing a traffic control signal at an intersection that exhibits a red light other than a flashing red light, does any of the following:

AB859,11,19 1. Enters the intersection without stopping.

AB859,11,22 2. After stopping at the intersection, proceeds through the intersection before the traffic control signal exhibits a green light if the vehicle is not making a right turn.

AB859,11,25 (b) Allows the use of a traffic control photographic system on highways under the jurisdiction of the municipality, including connecting highways, for the purpose of detecting violations described in par. (a).

AB859,12,3 (c) Subjects a person to a forfeiture for being the lessee or operator of a motor vehicle the owner of which would be subject to a forfeiture under this section but for the owner's successful assertion of a defense under sub. (3) (c) 2. or 3.

AB859,12,5 (d) Appropriates forfeitures collected under this section to the agency providing police services in the collecting municipality for public safety purposes.

AB859,12,6 (3) An ordinance enacted under sub. (2) shall include all of the following:

AB859,12,11 (a) A requirement that official traffic signs be placed at or reasonably near the corporate limits of the municipality on all county trunk highways and connecting highways under the jurisdiction of the municipality informing motorists that intersections in the municipality may be monitored by traffic control photographic systems.

AB859,12,22 (b) A requirement that, if a traffic officer employed by the governing body of the municipality prepares a citation for a violation of an ordinance enacted under this section, the traffic officer shall serve the owner of the vehicle with the citation, within 5 business days after the violation, by personal service or by mailing the citation by certified mail addressed to the owner's last-known address. If the citation may be issued under par. (c) to the lessee or operator of the vehicle, the traffic officer shall serve the lessee or operator with the citation, in the same manner required for service on the vehicle owner, within 5 business days of determining that the vehicle owner is likely to successfully assert a defense under par. (c). A traffic officer shall send with the citation a duplicate of the photograph, video, or digital image, taken by the traffic control photographic system, of the vehicle involved in the violation.

AB859,12,25 (c) A provision that it is not a defense to a violation of the ordinance that the owner was not in control of the vehicle at the time of the violation, except that all of the following are defenses to a violation of an ordinance enacted under this section:

AB859,13,3 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 5 business days after the violation occurred.

AB859,13,8 2. 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 issued a citation and charged with a violation of the ordinance enacted under this section.

AB859,13,14 3. 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), at the time of the violation the vehicle was being operated by a person on a trial run, and 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 issued a citation and charged with a violation of the ordinance enacted under this section.

AB859,13,15 4. Any other defense specified in the ordinance.

AB859,13,19 (d) A provision that permits a court to impose a forfeiture for a violation of an ordinance enacted under this section of not more than the same amount that may be imposed on a vehicle operator for the corresponding violation of s. 346.37 (1) (c) 1. or 3.

AB859,13,23 (e) A requirement that any photograph or video or digital image produced by the traffic control photographic system be taken from a direction to the rear of the vehicles moving through an intersection and be focused on the rear registration plate of such vehicles.

AB859,14,2 (f) A requirement that a traffic control photographic system may be used only at an intersection that is identified as having an accident rate of 1.0 or greater in a study performed by the city of Milwaukee Police Department Safety Division of 2015 high frequency crash locations.

AB859,14,4 (g) A requirement that traffic control photographic systems may be used at no more than 5 intersections in an aldermanic district.

AB859,14,10 (4) Nothing in this section prohibits the issuance of a citation to the operator of a motor vehicle for a violation of s. 346.37 (1) (c) 1. or 3. or a local ordinance in conformity with s. 346.37 (1) (c) 1. or 3., but a person may not be subject to a forfeiture for a violation of an ordinance enacted under this section and a violation of s. 346.37 (1) (c) 1. or 3. or a local ordinance in conformity with s. 346.37 (1) (c) 1. or 3. arising from the same incident or occurrence.

AB859,14,12 (5) This section does not apply 5 years after the effective date of this subsection .... [LRB inserts date].

AB859,14,13 (End)