- 2026 LEGISLATURE LRBs0496/1LRB-4859/1 EVM:wljEVM:skw&cdc ASSEMBLY SUBSTITUTEBILL AMENDMENT561 1,October TO15, ASSEMBLY2025 BILL- 561Introduced Februaryby 18,Representatives 2026K -AUFERT Offered, MAXEY , PENTERMAN , GUNDRUM , INICKI, PALMERI , GOEBEN , GOODWIN , NODL , ITTRICH , MURPHY , KREIBICH , MELOTIK and B EHNKE , cosponsored by RepresentatAUFERT.Senator H UTTON .
Referred to Committee on Transportation.
to create 121.52 (6), 346.485 (2) (bm),(bm) 346.485 (3m) and 346.49 (3m) of the statutes;
Analysis by the Legislative Reference Bureau This bill allows the use of photographic or video information to support the issuance of citations for certain traffic violations related to failure to stop for a school bus that is discharging pupils.
Current law generally requires the driver of a vehicle approaching a school bus that is stopped on a highway and that is displaying flashing red warning lights to stop the vehicle not less than 20 feet from the bus and to remain stopped until the bus resumes motion or the school bus operator extinguishes the warning lights.
A person who violates this requirement may be required to forfeit not less than $500 nor more than $1,000.
Current law also imposes liability on the owner of a vehicle that fails to stop as required for a school bus displaying flashing red warning lights (failure-to-stop violation).
If a school bus operator observes a failure-to-stop violation, the school bus operator may prepare a written report that includes specified information.
Within 24 hours after the violation, the school bus operator may deliver this report - 2026 Legislature - 2 - LRB-4859/1 EVM:skw&cdc ASSEMBLY BILL 561 SECTION 1 to a traffic officer of the county or municipality in which the failure-to-stop violation occurred.
Within 48 hours after receiving the report, the traffic officer may prepare a uniform traffic citation for the owner of the vehicle that failed to stop.
The citation may be served on the owner personally, by leaving a copy of the citation at the owner’s usual place of abode, or by certified mail.
Currently, a person who is subject to vehicle owner liability may be required to forfeit not less than $30 nor more than $300.
Under this bill, if a school bus is equipped with a photographic or video system and the owner or operator of the bus or a third-party vendor that monitors the photographic or video system detects a failure-to-stop violation by use of the photographic or video system, the owner, operator, or third-party vendor may prepare and deliver a report together with a picture or video of the violation to a traffic officer of the county or municipality in which the failure-to-stop violation occurred.
The officer may then issue a citation as provided for a violation reported by a school bus operator.
Alternately, if authorized by the municipality in which the violation occurred, the owner, operator, or third-party vendor may prepare a traffic citation and deliver it, together with a picture or video of the violation, to a traffic officer for the officer’s approval and issuance.
This bill also does all of the following:
1.
Eliminates the specification of the period in which a report of a failure-to- stop violation may be made and the period in which a citation must be prepared.
2.
Allows for personal service of a citation or service by mail without specification of a preferred method.
3.
Provides, for a citation that may be served by mail, that service must be made by first-class mail rather than certified mail.
4.
Increases the maximum forfeiture for owner liability for a failure-to-stop- violation to $500.
These four changes apply to reports made by both school bus operators and those who monitor photographic or video systems installed on school buses.
Also, under the bill, a school board may directly or indirectly by entering into a contract with a third party install and monitor photographic or video systems on school buses for the purpose of recording evidence of failure-to-stop violations.
- 2026 Legislature - 3 - LRB-4859/1 EVM:skw&cdc ASSEMBLY BILL 561 SECTION 2 S ECTION 2.
- 2026 Legislature - 2 - LRBs0496/1 EVM:wlj SECTION 2 346.485 (2) (am) (intro.) The operator of a school bus who observes a violation of s.
(2) delivers a report or photographic - 2026 Legislature - 4 - LRB-4859/1 EVM:skw&cdc ASSEMBLY BILL 561 SECTION 4 or video evidence satisfying the requirements of sub.
(2) (am) or (bm) to a traffic officer of the county or municipality in which the violation occurred, subjectthe totraffic officer may issue a citation under sub.
- 2026 Legislature - 3 - LRBs0496/1 EVM:wlj SECTION 4 (3m), the traffic officer may issue a citation under sub.
(2) (bm) to a traffic officer of the county or municipality in which the violation occurred, subject to (3m), the traffic officer may review the citation and photograph or recording and complete and issue the citation.
S ECTION 4m.5.
346.485 (3m) of the statutes is created to read:
346.485 (3m) All of the following apply to a citation issued under sub.
(4) for a violation based on photographic or video evidence under sub.
(2) (bm):
(a) No citation may be issued unless a law enforcement officer certifies that they have viewed the photographic or video evidence and attests that the photographic or video evidence appears to depict a violation under s.
346.48 or 346.485.
(b) If a citation is served by mail, it shall be served by certified mail and must be served within 7 business days of issuance of the citation.
(c) Service of the citation shall be accompanied by all of the following:
1.
A link to an Internet site on which the photographic or video evidence may be viewed.
2.
Notice of the accused’s right to contest the citation and an explanation of how the citation may be contested.
3.
Notice of the defenses under s.
346.485 (5) (b).
- 2026 Legislature - 4 - LRBs0496/1 EVM:wlj SECTION 5 S ECTION 5.
346.485 (4) SubjectA traffic officer who issues a uniform traffic citation for a violation under this section shall personally serve the citation upon the owner of the vehicle or serve the citation by 1st class mail addressed to sub.the owner’s last known address.
(3m) (b), a traffic officer who issues a uniform traffic citation for a violation under this section shall personally serve the citation upon the owner of the vehicle or serve the citation by 1st class mail addressed to the owner’s last known address.
346.485 may- be2026 requiredLegislature to- forfeit5 not- lessLRB-4859/1 thanEVM:skw&cdc $250ASSEMBLY norBILL more561 thanS $300ECTION for7 amay firstbe offenserequired andto forfeit not less than $250$30 nor more than $500$500. for a 2nd or subsequent offense.
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