1. Administer a public information campaign for at least 30 days before the 23
commencement of use of a system. The campaign shall include public 24
announcements in major media outlets and press releases. The campaign shall 25
include the following information:
a. The system use policy under par. (c).
b. The system impact report under par. (d).
c. The date on which use of systems will begin.
d. The highways on which systems will be used.
e. The law enforcement agency's website.
2. Issue warning notices rather than citations for violations detected by a 7
system during the first 90 days during which a system is used under this section. 8
Whenever a system is first used on a highway, the local law enforcement agency shall 9
issue warning notices rather than citations for violations detected by the systems 10
during the first 90 calendar days of enforcement.
(c) A municipality shall prepare and adopt a system use policy before entering 12
into an agreement regarding a system, purchasing or leasing equipment for a 13
system, or implementing this section. The system use policy shall include the specific 14
purpose for the system, the uses that are authorized, the rules and processes 15
required before that use, and the uses that are prohibited. The policy shall specify 16
the information that may be collected by a system, the individuals who may access 17
and use the collected information, and the procedure for accessing and using the 18
information. The policy shall include provisions for protecting data from 19
unauthorized access, data retention, public access, 3rd-party data sharing, training, 20
auditing, and oversight. The system use policy shall be made available for public 21
review, including by posting it on the local law enforcement agency's website, at least 22
30 calendar days before adoption.
(d) A municipality shall prepare and adopt a system impact report and make 24
the report available for public review and comment at least 30 days before approval. 25
The system impact report shall include all of the following:
1. A description of the systems to be used and how they work.
2. The proposed purpose of a system.
3. The locations in which a system may be deployed and traffic data for these 4
4. An assessment of the potential impact of the system on civil liberties and civil 6
rights and any plans to safeguard those public rights.
5. The fiscal costs of a system, including establishment costs, ongoing costs, and 8
(e) A municipality shall develop uniform guidelines for all of the following:
1. The screening and issuing of citations under this section.
2. The processing and storage of confidential information under this section 12
and procedures to ensure compliance with confidentiality requirements.
(f) A contract between a municipality and a manufacturer or supplier of an 14
automated speed enforcement system shall allow the municipality to purchase 15
materials, lease equipment, and contract for processing services from the 16
manufacturer or supplier based on the services rendered on a monthly schedule or 17
another schedule agreed upon by the municipality and contractor. The contract may 18
not include provisions for payment or compensation based on the number of citations 19
issued under this section, or as a percentage of revenue generated, from the use of 20
the system. The contract shall include a provision that all data collected from a 21
system is confidential, and shall prohibit the manufacturer or supplier of a system 22
from sharing, repurposing, or monetizing collected data. The local law enforcement 23
agency shall oversee and maintain control over all enforcement activities, including 24
the determination of when a citation should be issued.
(g) Two years after implementation of an automated speed enforcement 2
program and 5 years after the effective date of this paragraph .... [LRB inserts date], 3
a municipality shall prepare and submit to the standing committees of the 4
legislature with jurisdiction over transportation matters a system report that 5
includes all of the following information:
1. A description of how systems were used.
2. Whether and how often system data was shared with outside entities, the 8
name of any recipient entity, the type or types of data disclosed, and the legal reason 9
for the disclosure.
3. A summary of any community complaints or concerns about the use of 11
4. Results of any internal audits, information about any violations of the 13
system use policy, and any actions taken in response.
5. Information regarding the impact that the use of systems has had on the 15
highways where the systems were deployed.
6. A summary of any public records requests related to systems.
Not later than March 1 of the 5th year beginning after the effective date of 18
this paragraph .... [LRB inserts date], a municipality shall prepare and submit to the 19
standing committees of the legislature with jurisdiction over transportation matters 20
an evaluation of the use of automated speed enforcement systems in its jurisdiction, 21
including an assessment of the system's impact on highway safety and the system's 22
economic impact on the communities where the system is used. The report shall be 23
made available on the website of the local law enforcement agency and shall include 24
all of the following information:
1. Before and after data on the number and proportion of vehicles speeding 2
between 10 to 19 miles per hour over the legal speed limit, 20 to 29 miles per hour 3
over the legal speed limit, 30 to 39 miles per hour over the legal speed limit, and every 4
additional 10 miles per hour increment thereafter on a highway on which a system 5
is used to enforce speed limits.
2. The number of citations issued under this section by month and year and the 7
corridors or locations where violations occurred and, to the extent feasible, the day 8
of the week and time the violation occurred.
3. Before and after data on the number of traffic collisions, categorized by injury 10
severity that occurred where systems are used relative to jurisdiction-wide data and 11
the mode of transportation of the parties involved.
4. The number of citations paid and citations dismissed.
5. The costs associated with implementation and operation of the systems, and 14
revenues collected by each jurisdiction.
6. The uses of revenues collected by use of systems in the jurisdiction, including 16
information on roadway traffic safety projects, traffic safety education, and law 17
enforcement activities and programs that were implemented.
7. Before and after data on the number of law enforcement officers, including 19
the number of officers dedicated to traffic enforcement.
8. An evaluation of whether use of systems has resulted in traffic impacts on 21
highways that may be susceptible to traffic diversion, in the vicinity of corridors with 22
9. The results of surveys and outreach to low-income and predominantly 24
minority communities where systems were deployed.
A visual image made by an automated speed enforcement system is not 2
subject to the right of inspection and copying under s. 19.35 (1).
This section applies only in a 1st class city.
This section does not apply 5 years after the effective date of this subsection 5
.... [LRB inserts date].
346.60 (6) of the statutes is created to read:
A vehicle owner found liable under s. 346.575 is subject to a 8
forfeiture in the same amount that may be imposed on a vehicle operator for the 9
corresponding violation of s. 346.57 including, if applicable, the doubling of the 10
forfeiture as provided in sub. (3m) (a). For purposes of this subsection, a person's 11
prior violation of s. 346.57 may be counted as a prior violation of s. 346.575. 12
Imposition of liability under s. 346.575 shall not result in suspension or revocation 13
of a person's operating privilege under s. 343.30 or 343.31, nor shall it result in 14
demerit points being recorded on a person's driving record under s. 343.32 (2) (a).
349.107 of the statutes is created to read:
16349.107 Authority to use traffic control photographic systems. (1)
(a) In addition to the meaning given in s. 340.01 (42), “owner" means, with 19
respect to a vehicle that is registered, or that is required to be registered, by a lessee 20
of the vehicle under ch. 341, the lessee of the vehicle.
(b) “Traffic control photographic system" means an electronic system consisting 22
of a photographic, video, or electronic camera and a vehicle sensor installed for use 23
with an official traffic control signal to automatically produce photographs or video 24
or digital images, stamped with the time and date, of vehicles moving through an 25
Subject to sub. (3), the leadership of a 1st class city may enact an ordinance 2
that does all of the following:
(a) Subjects a person to a forfeiture for being the owner of a motor vehicle that 4
does any of the following:
1. When facing a traffic control signal at an intersection that exhibits a red 6
light, including a flashing red light, fully enters the intersection without stopping.
2. When facing a traffic control signal at an intersection that exhibits a red 8
light, other than a flashing red light, after stopping at the intersection, proceeds 9
through the intersection before the traffic control signal exhibits a green light if the 10
vehicle is not making a right turn.
(b) Allows the use of a traffic control photographic system on highways under 12
the jurisdiction of the municipality, including connecting highways, for the purpose 13
of detecting violations described in par. (a).
(c) Subjects a person to a forfeiture for being the lessee or operator of a motor 15
vehicle the owner of which would be subject to a forfeiture under this section but for 16
the owner's successful assertion of a defense under sub. (3) (c) 2. or 3.
(d) Requires that forfeitures collected under this section be deposited in a 18
separate segregated account from which moneys may be used only for purposes of 19
traffic enforcement and traffic safety programs administered by the local law 20
enforcement agency providing police services in the collecting municipality.
An ordinance enacted under sub. (2) shall include all of the following:
(a) A requirement that official traffic signs be placed at or reasonably near the 23
corporate limits of the municipality on all county trunk highways and connecting 24
highways under the jurisdiction of the municipality informing motorists that
intersections in the municipality may be monitored by traffic control photographic 2
(b) A requirement that, if a traffic officer employed by the governing body of the 4
municipality prepares a citation for a violation of an ordinance enacted under this 5
section, the traffic officer shall serve the owner of the vehicle with the citation, within 6
5 business days after the violation, by personal service or by mailing the citation by 7
certified mail addressed to the owner's last-known address. If the citation may be 8
issued under par. (c) to the lessee or operator of the vehicle, the traffic officer shall 9
serve the lessee or operator with the citation, in the same manner required for service 10
on the vehicle owner, within 5 business days of determining that the vehicle owner 11
is likely to successfully assert a defense under par. (c). A traffic officer shall send with 12
the citation a duplicate of the photograph, video, or digital image, taken by the traffic 13
control photographic system, of the vehicle involved in the violation.
(c) A provision that it is not a defense to a violation of the ordinance that the 15
owner was not in control of the vehicle at the time of the violation, except that all of 16
the following are defenses to a violation of an ordinance enacted under this section:
1. That a report that the vehicle was stolen was made by the owner to a law 18
enforcement agency before the violation occurred or within 7 business days after the 19
2. That the vehicle is owned by a lessor of vehicles and is registered in the name 21
of the lessor, that at the time of the violation the vehicle was in the possession of a 22
lessee, and that the lessor provided a traffic officer with the information required 23
under s. 343.46 (3). In that case, the lessee may be issued a citation and charged with 24
a violation of the ordinance enacted under this section.
3. That the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.), but 2
including the persons specified in s. 340.01 (11) (a) to (d), at the time of the violation 3
the vehicle was being operated by a person on a trial run, and the dealer provided 4
a traffic officer with the name, address, and operator's license number of the person 5
operating the vehicle. In that case, the person operating the vehicle may be issued 6
a citation and charged with a violation of the ordinance enacted under this section.
4. Any other defense specified in the ordinance.
(d) A provision that permits a court to impose a forfeiture for a violation of an 9
ordinance enacted under this section of not more than the same amount that may be 10
imposed on a vehicle operator for the corresponding violation of s. 346.37 (1) (c) 1. or 11
(e) A requirement that any photograph or video or digital image produced by 13
the traffic control photographic system be taken from a direction to the rear of the 14
vehicles moving through an intersection and be focused on the rear registration plate 15
of such vehicles.
(f) A requirement that a traffic control photographic system may be used only 17
at an intersection that is identified as having an annual accident rate of 1.0 or greater 18
in studies performed by the municipality in the 5 most recent years of high frequency 19
(g) A requirement that traffic control photographic systems may be used at no 21
more than 5 intersections in an aldermanic district.
Nothing in this section prohibits the issuance of a citation to the operator 23
of a motor vehicle for a violation of s. 346.37 (1) (c) 1. or 3. or a local ordinance in 24
conformity with s. 346.37 (1) (c) 1. or 3., but a person may not be subject to a forfeiture 25
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 2
from the same incident or occurrence.
This section does not apply 5 years after the effective date of this subsection 4
.... [LRB inserts date].