AB365,7,43 3. The locations in which a system may be deployed and traffic data for these
AB365,7,65 4. An assessment of the potential impact of the system on civil liberties and civil
6rights and any plans to safeguard those public rights.
AB365,7,87 5. The fiscal costs of a system, including establishment costs, ongoing costs, and
8program funding.
AB365,7,99 (e) A municipality shall develop uniform guidelines for all of the following:
AB365,7,1010 1. The screening and issuing of citations under this section.
AB365,7,1211 2. The processing and storage of confidential information under this section
12and procedures to ensure compliance with confidentiality requirements.
AB365,7,2413 (f) A contract between a municipality and a manufacturer or supplier of an
14automated speed enforcement system shall allow the municipality to purchase
15materials, lease equipment, and contract for processing services from the
16manufacturer or supplier based on the services rendered on a monthly schedule or
17another schedule agreed upon by the municipality and contractor. The contract may
18not include provisions for payment or compensation based on the number of citations
19issued under this section, or as a percentage of revenue generated, from the use of
20the system. The contract shall include a provision that all data collected from a
21system is confidential, and shall prohibit the manufacturer or supplier of a system
22from sharing, repurposing, or monetizing collected data. The local law enforcement
23agency shall oversee and maintain control over all enforcement activities, including
24the determination of when a citation should be issued.
1(g) Two years after implementation of an automated speed enforcement
2program and 5 years after the effective date of this paragraph .... [LRB inserts date],
3a municipality shall prepare and submit to the standing committees of the
4legislature with jurisdiction over transportation matters a system report that
5includes all of the following information:
AB365,8,66 1. A description of how systems were used.
AB365,8,97 2. Whether and how often system data was shared with outside entities, the
8name of any recipient entity, the type or types of data disclosed, and the legal reason
9for the disclosure.
AB365,8,1110 3. A summary of any community complaints or concerns about the use of
AB365,8,1312 4. Results of any internal audits, information about any violations of the
13system use policy, and any actions taken in response.
AB365,8,1514 5. Information regarding the impact that the use of systems has had on the
15highways where the systems were deployed.
AB365,8,1616 6. A summary of any public records requests related to systems.
AB365,8,2417 (h) Not later than March 1 of the 5th year beginning after the effective date of
18this paragraph .... [LRB inserts date], a municipality shall prepare and submit to the
19standing committees of the legislature with jurisdiction over transportation matters
20an evaluation of the use of automated speed enforcement systems in its jurisdiction,
21including an assessment of the system's impact on highway safety and the system's
22economic impact on the communities where the system is used. The report shall be
23made available on the website of the local law enforcement agency and shall include
24all of the following information:
11. Before and after data on the number and proportion of vehicles speeding
2between 10 to 19 miles per hour over the legal speed limit, 20 to 29 miles per hour
3over the legal speed limit, 30 to 39 miles per hour over the legal speed limit, and every
4additional 10 miles per hour increment thereafter on a highway on which a system
5is used to enforce speed limits.
AB365,9,86 2. The number of citations issued under this section by month and year and the
7corridors or locations where violations occurred and, to the extent feasible, the day
8of the week and time the violation occurred.
AB365,9,119 3. Before and after data on the number of traffic collisions, categorized by injury
10severity that occurred where systems are used relative to jurisdiction-wide data and
11the mode of transportation of the parties involved.
AB365,9,1212 4. The number of citations paid and citations dismissed.
AB365,9,1413 5. The costs associated with implementation and operation of the systems, and
14revenues collected by each jurisdiction.
AB365,9,1715 6. The uses of revenues collected by use of systems in the jurisdiction, including
16information on roadway traffic safety projects, traffic safety education, and law
17enforcement activities and programs that were implemented.
AB365,9,1918 7. Before and after data on the number of law enforcement officers, including
19the number of officers dedicated to traffic enforcement.
AB365,9,2220 8. An evaluation of whether use of systems has resulted in traffic impacts on
21highways that may be susceptible to traffic diversion, in the vicinity of corridors with
22installed systems.
AB365,9,2423 9. The results of surveys and outreach to low-income and predominantly
24minority communities where systems were deployed.
1(7) A visual image made by an automated speed enforcement system is not
2subject to the right of inspection and copying under s. 19.35 (1).
AB365,10,3 3(8) This section applies only in a 1st class city.
AB365,10,5 4(9) This section does not apply 5 years after the effective date of this subsection
5.... [LRB inserts date].
AB365,3 6Section 3 . 346.60 (6) of the statutes is created to read:
AB365,10,147 346.60 (6) A vehicle owner found liable under s. 346.575 is subject to a
8forfeiture in the same amount that may be imposed on a vehicle operator for the
9corresponding violation of s. 346.57 including, if applicable, the doubling of the
10forfeiture as provided in sub. (3m) (a). For purposes of this subsection, a person's
11prior violation of s. 346.57 may be counted as a prior violation of s. 346.575.
12Imposition of liability under s. 346.575 shall not result in suspension or revocation
13of a person's operating privilege under s. 343.30 or 343.31, nor shall it result in
14demerit points being recorded on a person's driving record under s. 343.32 (2) (a).
AB365,4 15Section 4 . 349.107 of the statutes is created to read:
AB365,10,17 16349.107 Authority to use traffic control photographic systems. (1) In
17this section:
AB365,10,2018 (a) In addition to the meaning given in s. 340.01 (42), “owner" means, with
19respect to a vehicle that is registered, or that is required to be registered, by a lessee
20of the vehicle under ch. 341, the lessee of the vehicle.
AB365,10,2521 (b) “Traffic control photographic system" means an electronic system consisting
22of a photographic, video, or electronic camera and a vehicle sensor installed for use
23with an official traffic control signal to automatically produce photographs or video
24or digital images, stamped with the time and date, of vehicles moving through an
1(2) Subject to sub. (3), the leadership of a 1st class city may enact an ordinance
2that does all of the following:
AB365,11,43 (a) Subjects a person to a forfeiture for being the owner of a motor vehicle that
4does any of the following:
AB365,11,65 1. When facing a traffic control signal at an intersection that exhibits a red
6light, including a flashing red light, fully enters the intersection without stopping.
AB365,11,107 2. When facing a traffic control signal at an intersection that exhibits a red
8light, other than a flashing red light, after stopping at the intersection, proceeds
9through the intersection before the traffic control signal exhibits a green light if the
10vehicle is not making a right turn.
AB365,11,1311 (b) Allows the use of a traffic control photographic system on highways under
12the jurisdiction of the municipality, including connecting highways, for the purpose
13of detecting violations described in par. (a).
AB365,11,1614 (c) Subjects a person to a forfeiture for being the lessee or operator of a motor
15vehicle the owner of which would be subject to a forfeiture under this section but for
16the owner's successful assertion of a defense under sub. (3) (c) 2. or 3.
AB365,11,2017 (d) Requires that forfeitures collected under this section be deposited in a
18separate segregated account from which moneys may be used only for purposes of
19traffic enforcement and traffic safety programs administered by the local law
20enforcement agency providing police services in the collecting municipality.
AB365,11,21 21(3) An ordinance enacted under sub. (2) shall include all of the following:
AB365,12,222 (a) A requirement that official traffic signs be placed at or reasonably near the
23corporate limits of the municipality on all county trunk highways and connecting
24highways under the jurisdiction of the municipality informing motorists that

1intersections in the municipality may be monitored by traffic control photographic
AB365,12,133 (b) A requirement that, if a traffic officer employed by the governing body of the
4municipality prepares a citation for a violation of an ordinance enacted under this
5section, the traffic officer shall serve the owner of the vehicle with the citation, within
65 business days after the violation, by personal service or by mailing the citation by
7certified mail addressed to the owner's last-known address. If the citation may be
8issued under par. (c) to the lessee or operator of the vehicle, the traffic officer shall
9serve the lessee or operator with the citation, in the same manner required for service
10on the vehicle owner, within 5 business days of determining that the vehicle owner
11is likely to successfully assert a defense under par. (c). A traffic officer shall send with
12the citation a duplicate of the photograph, video, or digital image, taken by the traffic
13control photographic system, of the vehicle involved in the violation.
AB365,12,1614 (c) A provision that it is not a defense to a violation of the ordinance that the
15owner was not in control of the vehicle at the time of the violation, except that all of
16the following are defenses to a violation of an ordinance enacted under this section:
AB365,12,1917 1. That a report that the vehicle was stolen was made by the owner to a law
18enforcement agency before the violation occurred or within 7 business days after the
19violation occurred.
AB365,12,2420 2. That the vehicle is owned by a lessor of vehicles and is registered in the name
21of the lessor, that at the time of the violation the vehicle was in the possession of a
22lessee, and that the lessor provided a traffic officer with the information required
23under s. 343.46 (3). In that case, the lessee may be issued a citation and charged with
24a violation of the ordinance enacted under this section.
13. That the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.), but
2including the persons specified in s. 340.01 (11) (a) to (d), at the time of the violation
3the vehicle was being operated by a person on a trial run, and the dealer provided
4a traffic officer with the name, address, and operator's license number of the person
5operating the vehicle. In that case, the person operating the vehicle may be issued
6a citation and charged with a violation of the ordinance enacted under this section.
AB365,13,77 4. Any other defense specified in the ordinance.
AB365,13,118 (d) A provision that permits a court to impose a forfeiture for a violation of an
9ordinance enacted under this section of not more than the same amount that may be
10imposed on a vehicle operator for the corresponding violation of s. 346.37 (1) (c) 1. or
AB365,13,1512 (e) A requirement that any photograph or video or digital image produced by
13the traffic control photographic system be taken from a direction to the rear of the
14vehicles moving through an intersection and be focused on the rear registration plate
15of such vehicles.
AB365,13,1916 (f) A requirement that a traffic control photographic system may be used only
17at an intersection that is identified as having an annual accident rate of 1.0 or greater
18in studies performed by the municipality in the 5 most recent years of high frequency
19crash locations.
AB365,13,2120 (g) A requirement that traffic control photographic systems may be used at no
21more than 5 intersections in an aldermanic district.
AB365,14,2 22(4) Nothing in this section prohibits the issuance of a citation to the operator
23of a motor vehicle for a violation of s. 346.37 (1) (c) 1. or 3. or a local ordinance in
24conformity with s. 346.37 (1) (c) 1. or 3., but a person may not be subject to a forfeiture
25for a violation of an ordinance enacted under this section and a violation of s. 346.37

1(1) (c) 1. or 3. or a local ordinance in conformity with s. 346.37 (1) (c) 1. or 3. arising
2from the same incident or occurrence.
AB365,14,4 3(5) This section does not apply 5 years after the effective date of this subsection
4.... [LRB inserts date].
AB365,14,55 (End)