Louisiana 2012 Regular Session

Louisiana Senate Bill SB85 Latest Draft

Bill / Introduced Version

                            SLS 12RS-395	ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 85
BY SENATOR MARTINY 
TRAFFIC.  Requires voter approval before local governing authorities may impose civil
fines for traffic violations captured by automatic traffic enforcement systems. (1/1/13)
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; to provide for an effective date; and to6
provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1.  Subpart I-1 of Part IV of Chapter 1 of Title 32 of the Louisiana Revised9
Statutes of 1950, comprised of R.S. 32:241, is hereby enacted to read as follows:10
SUBPART I-1. AUTOMATED TRAFFIC ENFORCEMENT SYSTEMS11
ยง241.  Traffic violations; civil fines; automated traffic enforcement systems12
A. No governing authority of a local governmental subdivision may13
impose a civil fine for a violation of any traffic law, ordinance, rule, or14
regulation captured by an automated traffic enforcement system unless the15
imposition of such civil fines has been authorized by a majority of the voters of16
the local governmental subdivision voting on a proposition authorizing such17 SB NO. 85
SLS 12RS-395	ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
fines at an election held for this purpose in accordance with the Louisiana1
Election Code.2
B.  Any governing authority which, prior to the effective date of this3
Section, has imposed civil fines for violations of traffic laws, ordinances, rules,4
or regulations captured by an automated traffic enforcement system shall cease5
collecting civil fines for such violations until the imposition of such civil fines6
has been authorized as provided in Subsection A of this Section.7
C. For purposes of this Section, the term "automated traffic8
enforcement system" means a camera or optical device erected alongside a9
public road, street, or highway, or at a traffic light intersection and installed to10
work in conjunction with a traffic control signal or radar speed detection11
equipment, or both, and designed to photographically record images of the12
license plate or other identifying feature of a motor vehicle that is not operated13
in compliance with instruction of a traffic control signal or a posted traffic sign.14
The term shall also mean a camera or optical device that is attached to the15
outside of a vehicle parked along a public road, street, or highway and installed16
to work in conjunction with a traffic control signal or radar speed detection17
equipment, or both.18
Section 2. This Act shall become effective on January 1, 2013.19
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Dawn Romero Watson.
DIGEST
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
enactment of proposed law to cease collecting civil fines until approved as provided in
proposed law.
Effective January 1, 2013.
(Adds R.S. 32:241)