HLS 10RS-1299 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 383
BY REPRESENTATIVES ARNOLD, HENRY BURNS, CHANDLER, EDWARDS,
GISCLAIR, RICHARD, RICHMOND, AND SMILEY
TRAFFIC/VIOLATIONS: Prohibits governing authorities from imposing civil fines for
traffic violations enforced by automated traffic enforcement systems without a vote
of the people
AN ACT1
To enact R.S. 32:239, relative to traffic violations; to require voter approval for the2
imposition of civil fines for violations captured by automated traffic enforcement3
systems; to provide for retroactivity; to define terms; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 32:239 is hereby enacted to read as follows:7
ยง239. Traffic violations; civil fines prohibited8
A. No governing authority of a local governmental subdivision may impose9
a civil fine for a violation of any traffic law, ordinance, rule, or regulation captured10
by an automated traffic enforcement system, unless the imposition of such civil fines11
has been authorized by a majority of the voters of the local governmental subdivision12
voting on the proposition at an election held in accordance with the Louisiana13
Election Code.14
B. Any governing authority which, prior to the enactment of this Section, has15
imposed civil fines for violations of traffic laws, ordinances, rules, or regulations16
captured by an automated traffic enforcement system shall cease collecting civil17
fines for such violations until the imposition of such civil fines has been ratified by18 HLS 10RS-1299 ORIGINAL
HB NO. 383
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
majority vote of the voters of the local governmental subdivision voting on the1
proposition at an election held in accordance with the Louisiana Election Code.2
C. For the purposes of this Section, the term "automated traffic enforcement3
system" means a camera or optical device erected or a pole along side a public road,4
street, or highway, or at a traffic light intersection and installed to work in5
conjunction with a traffic control signal or radar speed detection equipment or both6
and designed to photographically record images that depict the license plate or other7
identifying feature of a motor vehicle that is not operated in compliance with8
instruction of a traffic control signal or a posted traffic sign. This term shall also9
mean a camera or optical device that is attached to the outside of vehicle parked10
along a public road, street, or highway and installed to work in conjunction with a11
traffic control signal or radar speed detection equipment or both.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)]
Arnold HB No. 383
Abstract: Prohibits the governing authority of a local governmental subdivision from
imposing a civil fine for violation captured by an automated traffic enforcement
system without a majority vote of the registered voters. Further provides that local
governing authorities shall cease collecting civil fines until the imposition has been
ratified by majority vote of the voters of the local governmental subdivision.
Proposed law prohibits the governing authority of a local governmental subdivision from
imposing a civil fine for violation of any traffic law, ordinance, rule, or regulation captured
by an automated traffic enforcement system, unless the imposition of the civil fines has been
authorized by a majority of the voters of the local governmental subdivision.
Proposed law requires that the registered voters of the local governmental subdivision shall
vote on the proposition at an election held in accordance with the La. Election Code.
Proposed law provides that any governing authority who has imposed civil fines prior to
enactment of proposed law shall cease collecting civil fines until the imposition has been
ratified by majority vote of the voters of the local governmental subdivision voting on the
proposition at an election held in accordance with the La. Election Code.
Proposed law defines the term "automated traffic enforcement system".
(Adds R.S. 32:239)