SLS 12RS-395 ORIGINAL Page 1 of 2 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 Page 2 of 2 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)