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Regular Session, 2010
HOUSE BILL NO. 1149
BY REPRESENTATIVE MICHAEL JACKSON
RAILROADS: Authorizes 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. A local governing authority or a private contractor selected by the local13
governing authority, may install and utilize automated traffic enforcement systems14
at any railroad grade crossing with high incidences of violations, or with high crash15
rates due to violations, or where it is impractical or unsafe to utilize traditional law16
enforcement, or where 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 ENGROSSED
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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 local governing authority shall be deposited into the5
following funds:6
(1) Thirty-three and one-third percent shall be retained by the local governing7
authority.8
(2) Thirty-th ree and one-third percent shall be deposited into the Railroad9
Crossing Safety Fund pursuant to R.S. 48:393.10
(3) Thirty-three and one-third percent shall be deposited into the Louisiana11
Passenger Train Fund as created pursuant to the provisions of R.S. 48:394.12
D. The secretary of the Department of Transportation and Development shall13
promulgate rules and regulations as are necessary to implement the provisions of this14
Section.15
E. A public information campaign shall precede the implementation of this16
Section.17
F. For the purposes of this Section, the term "automated traffic enforcement18
system" means a camera or optical device designed to photographically record19
images that depict the license plate or other identifying feature of a motor vehicle20
that is operating in violation of R.S. 32:171.21
Section 2. R.S. 48:395 is hereby enacted to read as follows: 22
§395. Louisiana Passenger Train Fund; creation23
A. There is hereby created, as a special fund in the state treasury, the24
Louisiana Passenger Train Fund, hereinafter referred to as the "fund". The source25
of monies for the fund shall be a portion of the monies derived from penalties26
imposed pursuant to the provisions of R.S. 32:177, grants, gifts, and donations and27
any other monies received by the state for the purposes of passenger train projects.28 HLS 10RS-1647 ENGROSSED
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B. After compliance with the requirements of Article VII, Section 9(B) of1
the Constitution of Louisiana, relative to the Bond Security and Redemption Fund,2
an amount equal to that deposited into the state treasury from the foregoing sources3
shall be deposited in and credited to the fund. The monies in the fund shall be4
invested by the treasurer in the same manner as the state general fund, and interest5
earnings shall be deposited into the fund. All unexpended and unencumbered6
monies remaining in the fund at the end of each fiscal year shall remain in the fund.7
C. Monies in the fund shall be subject to annual appropriation by the8
legislature for use by the Department of Transportation and Development or the9
governing authority. The monies in the fund shall be allocated and disbursed by the10
secretary of the Department of Transportation and Development or the governing11
authority and used solely for passenger train projects.12
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 a local governing authority or a private contractor 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 La. Passenger Train Fund. Provides for a public information campaign.
Proposed law authorizes a local governing authority or a private contractor 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 33.3% going to the local governing authority, 33.3%
going in to the Railroad Crossing Safety Fund and 33.3% going into the La. 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. HLS 10RS-1647 ENGROSSED
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Proposed law creates the La. Passenger Train Fund as a special fund in the state treasury to
be allocated and disbursed by the secretary of 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)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the original bill.
1. Changed the authority to implement and enforce from DOTD to the local
governing authority.
2. Required 33.3% percent of the revenue derived from enforcement of the
automated traffic enforcement cameras to go to the local governing authority.
3. Changed the percent deposited into the Railroad Crossing Safety Fund from
25% to 33.3%.
4. Changed the percent deposited into the La. Passenger Train Fund from 75% to
33.3%