Trempealeau County

Official Board of Supervisors Document

STATE OF WISCONSIN )
                                       ) s.s.
CO. OF TREMPEALEAU )

I hereby certify that this resolution/ordinance is a true and correct copy of a resolution/ordinance adopted by the Trempealeau County Board of Supervisors on: ___________

Mary Martin
County Clerk
Motion to Adopt By: ____________________
Seconded By: ____________________
Dist. Supervisor Y N AB ABS
1Turner
2Parrish
3R Todd
4Severson
5A. Todd
6Anderson
7Leonard
8Syverson
9Whalen
10Aasen
11Truog
12Baecker
13Lyon
14Skoug
15Larson
16Husby
17Johnson
TOTALS ____________
First Reading: ____________
Vote Required: ____________
Adopted:
Defeated:

Ordinance Number: ___-2026

THE FREE ACT

Freedom from Random Electronic Exposure Act

AN ORDINANCE RESTRICTING THE ACQUISITION, ACCESS, USE, AND SHARING OF MASS SURVEILLANCE DATA; CLOSING DATA-SHARING LOOPHOLES; ESTABLISHING WARRANT REQUIREMENTS, DATA RETENTION LIMITS, ENFORCEMENT MECHANISMS, AND TRANSPARENCY OBLIGATIONS.

WHEREAS, the Fourth Amendment to the United States Constitution and Article I, Section 11 of the Wisconsin Constitution protect individuals against unreasonable searches and seizures; and
WHEREAS, mass surveillance technologies including Automated License Plate Readers (ALPRs), facial recognition systems, AI-powered tracking, and mass camera networks pose significant threats to the privacy and civil liberties of Trempealeau County residents; and
WHEREAS, the indirect acquisition of surveillance data through third parties, contractors, or other government entities presents a loophole that can circumvent constitutional protections; and
WHEREAS, Trempealeau County is committed to protecting the fundamental rights of its residents while maintaining effective and accountable law enforcement practices; and
WHEREAS, neither the relevant standing committee of the Trempealeau County Board of Supervisors nor the full Board ever adopted a resolution or took any recorded vote expressly authorizing the acquisition, installation, or operation of Automated License Plate Readers or any other Covered Surveillance System within the County; and
WHEREAS, the Board of Supervisors never approved, ratified, or voted upon any contract, intergovernmental agreement, or data-sharing arrangement governing such surveillance technology, and any such agreement entered into without a vote of the Board was undertaken without the authorization or consent of the County’s governing body; and
WHEREAS, transparency and public oversight are essential to ensuring that government surveillance powers are not abused;
NOW, BE IT ORDAINED by the Trempealeau County Board of Supervisors as follows:
SECTION 1 — TITLE AND PURPOSE

This Ordinance shall be known as the FREE Act (Freedom from Random Electronic Exposure Act).

Its purpose is to protect privacy, civil liberties, and constitutional rights while preventing mass surveillance.

SECTION 2 — DEFINITIONS

Covered Surveillance System includes ALPRs, mass camera networks, facial recognition, and AI tracking.

Surveillance Data includes location, identity, and behavioral data. Indirect Acquisition includes obtaining data from external entities.

SECTION 3 — COMPREHENSIVE PROHIBITION

The County shall not acquire, operate, fund, or access Covered Surveillance Systems.

The County shall not access or use surveillance data obtained by external entities.

No circumvention through third parties, contractors, or other governments.

Existing Systems — Deactivation and Removal. Immediately upon passage of this Ordinance, every Covered Surveillance System owned, operated, funded, or accessed by the County, or to which the County has access through any external entity, shall be physically covered, hooded, or bagged in a manner that prevents any capture, recording, or transmission of images or data, and shall remain so covered without interruption until it is deactivated and removed as provided below.

Any Covered Surveillance System that is presently installed, operated, funded, or accessed by the County, or accessed by the County through any external entity, shall be deactivated within thirty (30) days of the effective date of this Ordinance.

County-owned equipment shall be physically removed within sixty (60) days of the effective date.

Where such equipment is owned by a third party, the County shall terminate all access, connections, and credentials within thirty (30) days.

All surveillance data in the County’s possession or control, and all such data the County is entitled to retrieve from any external entity, shall be permanently and irretrievably deleted within sixty (60) days, except data subject to a then-active warrant.

The Sheriff or applicable department head shall certify completion of deactivation, removal, and deletion to the Board in writing.

SECTION 4 — WARRANT REQUIREMENT

No County agency may access tracking or location data without a warrant based on probable cause.

SECTION 5 — DATA RETENTION LIMITS

Maximum retention is 7 days unless tied to an active investigation supported by a warrant.

Automatic deletion of data is required.

SECTION 6 — INTERAGENCY RESTRICTIONS

No participation in surveillance-sharing task forces without Board approval and public disclosure.

SECTION 7 — PROCUREMENT FIREWALL

No grants, donations, or free trials involving surveillance technology. All contracts must be publicly disclosed and approved.

SECTION 8 — MUNICIPAL ACCOUNTABILITY

Municipalities using prohibited systems are ineligible for County services until compliance is restored.

SECTION 9 — ENFORCEMENT

Violations may result in termination, personal liability, and civil penalties of at least $5,000.

Residents have standing to bring civil action.

SECTION 10 — TRANSPARENCY

An annual public report shall disclose surveillance-related activities and compliance.

SECTION 11 — SUPERMAJORITY EXCEPTION

Requires a 2/3 vote, public hearing, and expires after 2 years.

SECTION 12 — SEVERABILITY AND INTERPRETATION

This Ordinance shall be interpreted broadly in favor of privacy protections.

SECTION 13 — EFFECTIVE DATE

This Ordinance shall take effect upon passage and publication.