HLS 10RS-1647 ORIGINAL
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1149
BY REPRESENTATIVE MICHAEL JACKSON
RAILROADS: Authorizes the DOTD to install video cameras at railroad crossings
AN ACT1
To enact R.S. 32:177 and R.S. 48:395, relative to automated traffic enforcement cameras at2
railroad grade crossings; to provide for installation of traffic cameras at railroad3
crossings; to provide for penalties for violations; to provide for promulgation of rules4
and regulations; to provide for public information campaign; to provide relative to5
the disposition of a certain portion of revenues railroad grade crossing violations; to6
create the Louisiana Passenger Train Fund; to provide relative to the administration7
and use of monies deposited into such fund; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 32:177 is hereby enacted to read as follows: 10
§177. Railroad crossing traffic violations; automated traffic enforcement cameras;11
fines12
A. The department or a private contractor selected by the department, may13
install and utilize automated traffic enforcement systems at any railroad grade14
crossing with high incidences of violations, or with high crash rates due to violations,15
or where it is impractical or unsafe to utilize traditional law enforcement, or where16
law enforcement has failed to deter violators. 17
B. Unless the driver of a motor vehicle received a citation from a police18
officer at the time of the violation, the motor vehicle owner, or driver is subject to19
a civil penalty not exceeding two hundred dollars, if the motor vehicle is recorded20 HLS 10RS-1647 ORIGINAL
HB NO. 1149
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
by an automated traffic law enforcement system. A violation for which a civil1
penalty is imposed, as a result of an automated traffic enforcement system, shall not2
be recorded on the driving record of the owner or driver of the vehicle.3
C. Revenues derived, from the use of automated traffic enforcement systems4
that are received by the department shall be deposited into the following funds:5
(1) Twenty-five percent shall be deposited into the Railroad Crossing Safety6
fund pursuant to R.S. 48:393.7
(2) Seventy-five percent shall be deposited into the Louisiana Passenger8
Train Fund as created pursuant to the provisions of R.S. 48:394.9
D. The secretary shall promulgate rules and regulations as are necessary to10
implement the provisions of this Section.11
E. A public information campaign shall precede the implementation of this12
Section.13
F. For the purposes of this Section, the term "automated traffic enforcement14
system" means a camera or optical device designed to photographically record15
images that depict the license plate or other identifying feature of a motor vehicle16
that is operating in violation of R.S. 32:171.17
Section 2. R.S. 48:395 is hereby enacted to read as follows: 18
§395. Louisiana Passenger Train Fund; creation19
A. There is hereby created, as a special fund in the state treasury, the20
Louisiana Passenger Train Fund, hereinafter referred to as the "fund". The source21
of monies for the fund shall be a portion of the monies derived from penalties22
imposed pursuant to the provisions of R.S. 32:177, grants, gifts, and donations and23
any other monies received by the state for the purposes of passenger train projects.24
B. After compliance with the requirements of Article VII, Section 9(B) of25
the Constitution of Louisiana, relative to the Bond Security and Redemption Fund,26
an amount equal to that deposited into the state treasury from the foregoing sources27
shall be deposited in and credited to the fund. The monies in the fund shall be28
invested by the treasurer in the same manner as the state general fund, and interest29 HLS 10RS-1647 ORIGINAL
HB NO. 1149
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
earnings shall be deposited into the fund. All unexpended and unencumbered1
monies remaining in the fund at the end of each fiscal year shall remain in the fund.2
C. Monies in the fund shall be subject to annual appropriation by the3
legislature for use by the Department of Transportation and Development or the4
governing authority. The monies in the fund shall be allocated and disbursed by the5
secretary of the Department of Transportation and Development or the governing6
authority and used solely for passenger train projects.7
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Michael Jackson HB No. 1149
Abstract: Authorizes DOTD or a private contractor selected by the department to install
and utilize automated traffic enforcement cameras for railroad grade crossing
violations. Provides for civil penalties and the disposition of the collected revenue
and creates the Louisiana Passenger Train Fund. Provides for a public information
campaign.
Proposed law authorizes the department or a private contractor selected by the department
to install and utilize automated traffic enforcement cameras for railroad grade crossing
violations.
Proposed law provides that unless the driver of a motor vehicle received a citation from a
police officer at the time of the violation, the motor vehicle owner, or driver is subject to a
civil penalty not exceeding $200 if recorded by an automated traffic law enforcement
system. The violation shall not be a part of the driver's driving record.
Proposed law provides that the revenues derived from the use of the automated traffic
control cameras shall be deposited with 25% going in to the Railroad Crossing Safety Fund
and 75% going into the Louisiana Passenger Train Fund.
Proposed law requires the secretary to promulgate rules and regulations to implement the
provisions of proposed law.
Proposed law requires the department to implement a public information campaign prior to
implementation of proposed law.
Proposed law defines the term automated traffic enforcement system.
Proposed law creates the Louisiana Passenger Train Fund as a special fund in the state
treasury to be allocated and disbursed by the secretary of the DOTD solely for passenger
train projects The source of monies in the fund shall be the monies derived from penalties
imposed in proposed law for railroad crossing violations.
(Adds R.S. 32:177 and R.S. 48:395)