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Regular Session, 2012
HOUSE BILL NO. 871
BY REPRESENTATIVES ARNOLD, HARRIS, HENSGENS, HOLLIS, HUNTER,
JAMES, LIGI, MILLER, PYLANT, RICHARD, AND WILLMOTT
TRAFFIC/VIOLATIONS: Requires voter approval before local governing authorities may
impose civil fines for traffic violations captured by automated traffic enforcement
systems
AN ACT1
To enact Subpart I-1 of Part IV of Chapter 1 of Title 32 of the Louisiana Revised Statutes2
of 1950, to be comprised of R.S. 32:241, relative to traffic violations; to require voter3
approval prior to the imposition of civil fines for violations captured by automated4
traffic enforcement systems; to provide relative to fines imposed prior to the5
effective date of this Act; to define terms; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Subpart I-1 of Part IV of Chapter 1 of Title 32 of the Louisiana Revised8
Statutes of 1950, comprised of R.S. 32:241, is hereby enacted to read as follows:9
SUBPART I-1. AUTOMATED TRAFFIC ENFORCEMENT SYSTEMS10
ยง241. Traffic violations; civil fines; automated traffic enforcement systems11
A. No governing authority of a local governmental subdivision may impose12
a civil fine for a violation of any traffic law, ordinance, rule, or regulation captured13
by an automated traffic enforcement system unless the imposition of such civil fines14
has been authorized by a majority of the voters of the local governmental subdivision15
voting on a proposition authorizing such fines at an election held for this purpose in16
accordance with the Louisiana Election Code.17
B. Any governing authority which, prior to the effective date of this Section,18
has imposed civil fines for violations of traffic laws, ordinances, rules, or regulations19 HLS 12RS-1427 ORIGINAL
HB NO. 871
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captured by an automated traffic enforcement system shall cease collecting civil1
fines for such violations until the imposition of such civil fines has been authorized2
as provided in Subsection A of this Section.3
C. For purposes of this Section, the term "automated traffic enforcement4
system" means a camera or optical device erected alongside a public road, street, or5
highway, or at a traffic light intersection and installed to work in conjunction with6
a traffic control signal or radar speed detection equipment, or both, and designed to7
photographically record images of the license plate or other identifying feature of a8
motor vehicle that is not operated in compliance with instruction of a traffic control9
signal or a posted traffic sign. The term shall also mean a camera or optical device10
that is attached to the outside of a vehicle parked along a public road, street, or11
highway and installed to work in conjunction with a traffic control signal or radar12
speed detection equipment, or both.13
Section 2. This Act shall become effective upon signature by the governor or, if not14
signed by the governor, upon expiration of the time for bills to become law without signature15
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If16
vetoed by the governor and subsequently approved by the legislature, this Act shall become17
effective on the day following such approval.18
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. 871
Abstract: Prohibits the governing authority of a local governmental subdivision from
imposing a civil fine for a violation captured by an automated traffic enforcement
system without voter approval.
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 any governing authority that has imposed civil fines prior to the
effective date of proposed law to cease collecting civil fines until approved as provided in
proposed law. HLS 12RS-1427 ORIGINAL
HB NO. 871
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Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 32:241)