SLS 16RS-279 ORIGINAL
2016 Regular Session
SENATE BILL NO. 299
BY SENATOR MILKOVICH
MOTOR VEHICLES. Provides relative to fees, charges, penalties, and fines for certain
traffic violations.(gov sig)
1 AN ACT
2 To amend and reenact R.S. 32:8(A)(1), (2), and (3), and (B), 57.1, 863(A)(3)(a) and (4), and
3 (D)(1), 863.1(C)(1), (2), (5), (6), and (7), and (I)(3), to enact R.S. 32:863.1(G)(5),
4 and to repeal R.S. 32:8(C) and 863(D)(5), relative to motor vehicles; to reduce
5 certain fees, charges, penalties, and fines for certain traffic violations; and to provide
6 for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 32:8(A)(1), (2), and (3), and (B), 57.1, 863(A)(3)(a) and (4), and
9 (D)(1), 863.1(C)(1), (2), (5), (6), and (7), and (I)(3) are hereby amended and reenacted and
10 R.S. 32:863.1(G)(5) is hereby enacted to read as follows:
11 §8. Final delinquent debt; office of motor vehicles
12 A. For purposes of this Section, the following words shall have the following
13 meanings unless the context clearly indicates otherwise:
14 (1) "Debt" means any legally collectible liquidated authenticated sum due
15 and owed to the Department of Public Safety and Corrections, office of motor
16 vehicles, pursuant to R.S. 32:57.1, 863, or 863.1.
17 (2) "Delinquent debt" means a debt fine, fee, or other monetary sanction
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1 for which the office of motor vehicles has provided a written notice for
2 suspension or revocation of driving privileges or motor vehicle registration
3 privileges as provided in R.S. 32:852(E), that is sixty ninety days or more past due
4 and for which the office of motor vehicles has proof of personal receipt of the
5 notice by the debtor by official delivery receipt or certificate from the United
6 States Postal Service.
7 (3) "Final debt" means the amount sum due is authenticated as delinquent
8 debt, no longer negotiable is not subject to negotiation or dispute, and that the
9 debtor has no further right of administrative and judicial review, except for reasons
10 of lack of due process.
11 B. The office of motor vehicles shall may refer all final delinquent debts debt
12 to the office of debt recovery as provided in R.S. 47:1676. Final delinquent debt
13 referrals shall include data and information in the required format necessary to
14 institute collection procedures. All delinquent debts debt shall be authenticated by
15 the office of motor vehicles prior to being referred to the office of debt recovery.
16 Once the delinquent debt becomes final debt, and prior to referral to the office of
17 debt recovery, the office of motor vehicles shall notify the debtor in writing as
18 provided in R.S. 32:852(E) that failure to pay the debt in full or make payment
19 arrangements with the office of motor vehicles within sixty ninety days shall
20 subject the debt to the maximum amount owed together with the additional fee
21 collected by the office of debt recovery provided for in R.S. 47:1676, and that the
22 debtor has no right to judicial review. All funds collected pursuant to the
23 provisions of this Act shall be deposited into the Debt Recovery Fund and utilized
24 for the office of state police in the amount of twenty-five million dollars.
25 * * *
26 §57.1. Failure to honor written promise to appear; penalty; disposition of fines
27 A. Whenever an arrested person who was released on his written promise to
28 appear before a magistrate at the place and time specified in a summons described
29 in R.S. 32:391(B) fails to honor his written promise to appear, the magistrate or
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1 judge of the court exercising jurisdiction shall immediately forward to the
2 Department of Public Safety and Corrections notice of the failure to appear, with
3 information necessary for identification of the arrested person. Thereupon, unless the
4 original charges have been disposed of, the Department of Public Safety and
5 Corrections shall immediately notify the arrested person of suspension of his
6 operator's license and the imposition of a fifty-dollar fee, regardless of the
7 disposition of the original charge. The Department of Public Safety and Corrections
8 likewise shall inform the arrested person that his operator's license cannot shall not
9 be renewed or reissued until the forwarding court exercising jurisdiction certifies that
10 he had has honored the appearance promise or paid an appropriate fine for the
11 offense as determined by the forwarding court exercising jurisdiction.
12 B. Whenever the arrested person makes an appearance as required by
13 Subsection A hereof or pays an appropriate fine for the offense committed, as
14 determined by the court, the prosecuting authority shall immediately notify the
15 Department of Public Safety and Corrections thereof. Upon such notification and
16 payment of an additional fifty dollars a twenty-five dollar reinstatement fee to the
17 department office of motor vehicles, the operator's license of the arrested person
18 shall be renewed or reissued for the purpose of this Section. Twelve dollars and fifty
19 cents of the additional fine imposed by this Section shall be paid to the court
20 exercising jurisdiction, to be deposited in that court's criminal court fund and to be
21 used in the same manner as the other sums deposited in said fund.
22 C. If after sixty ninety calendar days from the date of the notification issued
23 by the Department of Public Safety and Corrections as required in Subsection A of
24 this Section the arrested person has failed to comply, the fees provided for in this
25 Section shall may be considered final delinquent debt.
26 * * *
27 §863. Sanctions for false declaration; reinstatement fees; revocation of registration;
28 review
29 A.(1) * * *
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1 (3)(a) Sanctions for a violation of Paragraph (1) of this Subsection shall be
2 imposed until proof of required liability security is provided to the secretary and all
3 reinstatement fees are paid. Sanctions for a violation of Paragraph (2) of this
4 Subsection shall be imposed for a period of not less than twelve three months nor
5 more than eighteen six months. However, in no event shall these sanctions be
6 removed until such time as proof of the required security is provided to the secretary
7 along with all appropriate fees required by law, including a reinstatement fee of one
8 hundred twenty-five dollars per violation of Paragraph (1) of this Subsection if the
9 vehicle was not covered by the required security for a period of one to thirty days,
10 two hundred fifty dollars if the vehicle was not covered by required security for a
11 period of thirty-one to ninety days, and five one hundred dollars if the vehicle was
12 not covered by required security for a period in excess of ninety days. No
13 reinstatement fee shall be imposed by the secretary if the vehicle was not covered by
14 required security for a period of ten days or less and the insured surrenders the
15 vehicle's license plate to the secretary within ten days. The reinstatement fees for
16 violations of Paragraph (2) of this Subsection shall be as follows: two hundred fifty
17 twenty-five dollars for a first violation, five hundred fifty dollars for a second
18 violation, and one thousand hundred dollars for a third or subsequent violation. The
19 reinstatement fee shall not be owed for an alleged violation of Paragraph (2) of this
20 Subsection when proof of the required security is provided to the secretary within
21 sixty days of the date of the notice. If at the time of reinstatement, a person has
22 multiple violations and is within sixty days of the notice, the total amount of fees to
23 be paid shall not exceed eight five hundred fifty dollars, for violations of Paragraph
24 (1) of this Subsection, one thousand seventy-five dollars for violations of or
25 Paragraph (2) of this Subsection. At no time shall the total amount of fees, including
26 administrative fees, exceed two hundred fifty dollars for persons sixty-five years or
27 older. After sixty ninety days of the date of the notice, all fees shall may be
28 considered final delinquent debt and therefore owed, and the eight hundred fifty
29 dollar limit for persons under sixty-five years shall no longer apply forwarded to
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1 the office of debt recovery after.
2 * * *
3 (4) Fees shall be paid to the secretary, who shall remit them to the state
4 treasurer to be credited to the Bond Security and Redemption Fund as provided in
5 R.S. 32:853(B)(2) state general fund.
6 * * *
7 D.(1) When the secretary seeks to impose the sanctions required in this
8 Section, he shall send written notice to the owner, lessee, or other person against
9 whom sanctions are intended at the last address furnished to the department as
10 provided in R.S. 32:852(E). Notwithstanding the provisions of R.S. 32:852(E), such
11 notice may be sent by first class mail. A notice of noncompliance, issued by a law
12 enforcement officer under the provisions of R.S. 32:863.1(C)(1), shall serve as notice
13 to the owner, lessee, or other person. Prior to imposition of such sanctions, a hearing
14 may be requested within ten days from the date of notice. Sanctions shall not be
15 imposed until all rights for appeal have expired or been exhausted.
16 * * *
17 §863.1. Evidence of compulsory motor vehicle liability security contained in
18 vehicle; enforcement; penalty; fees
19 * * *
20 C.(1)(a) If the operator of a motor vehicle is unable to show compliance with
21 the provisions of this Part by displaying the required document when requested to
22 do so, the motor vehicle shall be impounded and the operator shall be issued a notice
23 of noncompliance with the provisions of this Part on a form to be provided by the
24 department as provided in R.S. 32:852(E). Notwithstanding the provisions of R.S.
25 32:852(E), such notice may be sent by first class mail. A copy of the notice of
26 noncompliance shall be provided to the towing or storage company and a copy shall
27 be forwarded to the office of motor vehicles within three calendar days after the
28 notice of noncompliance was served. The notice of noncompliance shall serve as
29 notice of administrative hearings rights. In addition, the law enforcement officer
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1 shall remove the license plate from the vehicle if the vehicle is registered in
2 Louisiana. The law enforcement officer shall deliver the vehicle license plate to the
3 chief of the agency which employs the officer, or to a person in that agency
4 designated to receive such license plates. In those cases in which a motor vehicle is
5 not impounded, a copy of the notice of noncompliance shall be attached to the
6 vehicle license plate and both shall be delivered to the nearest office of motor
7 vehicles within three calendar days after the notice of noncompliance was served.
8 (b) The owner of the vehicle shall have three fifteen calendar days, excluding
9 Saturdays, Sundays, and legal holidays, from the date that the notice of
10 noncompliance was issued to present to the office of motor vehicles proof of
11 insurance coverage or security in effect at the time of the issuance of the notice of
12 noncompliance. If the vehicle was properly insured at the time the notice was issued,
13 any valid license plate shall be returned within forty-eight hours, exclusive of legal
14 holidays, to the owner of the vehicle at no cost to the owner. However, if, within
15 sixty days from the date the notice of noncompliance is issued, the owner fails to
16 provide proof of the fact that the vehicle was properly insured at the time the notice
17 of noncompliance was issued, the chief administrative officer of the office of motor
18 vehicles shall destroy, or shall cause to be destroyed, the license plate removed from
19 that owner's vehicle and shall notify the secretary that the owner of the vehicle is not
20 in compliance with the compulsory liability law. Upon receipt of such notification,
21 the secretary shall revoke the registration of such vehicle. Sixty days after the date
22 of issuance of the notice of noncompliance, the fees imposed in this Section shall be
23 owed even if the owner subsequently provides proof the motor vehicle was insured,
24 and all such fees shall be considered final delinquent debt.
25 (c) For a first offense there shall be a reinstatement fee of one hundred
26 twenty-five dollars, for a second offense there shall be a reinstatement fee of two
27 hundred fifty dollars, and for any subsequent offense there shall be a reinstatement
28 fee of five one hundred dollars. The reinstatement fee contained herein shall be in
29 addition to other appropriate registration fees allowed by law and reinstatement
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1 Reinstatement shall depend upon proof of compliance with the compulsory liability
2 law.
3 (2) In those cases in which the motor vehicle is not impounded, any law
4 enforcement officer who removes and takes a license plate pursuant to the provisions
5 of this Section shall issue for attachment to the rear end of the vehicle, a temporary
6 sticker denoting its use in lieu of an official license plate. The sticker shall bear the
7 date upon which it was issued in written or stamped numerals or letters not less than
8 three inches in height. This temporary sticker shall only be effective for a period of
9 three fifteen calendar days, excluding Saturdays, Sundays, and legal holidays,
10 beginning from the day on which the license plate is taken.
11 * * *
12 (5)(a) The administrative hearing shall be limited to a review of the issue of
13 whether the vehicle was covered by a valid policy of insurance at the time of the
14 alleged violation. The records of the department on the particular violation shall be
15 prima facie proof of the violation, and owner or operator shall have the burden of
16 proving that the vehicle was covered by a valid policy of insurance or was self-
17 insured pursuant to this Chapter at the time of the violation. The owner or operator
18 may subpoena any witness to appear at the hearing, including the officer issuing the
19 violation, to establish that the owner or operator was in compliance with the law at
20 the time of the alleged violation. A request for a hearing shall not stay the sanctions
21 required by this Part. If it is determined at the administrative hearing that the vehicle
22 was covered by a valid policy of insurance or was self-insured pursuant to this
23 Chapter at the time of the violation, but that such proof was not presented to the law
24 enforcement officer at the time the vehicle was impounded, then the vehicle owner
25 department shall be required to pay the storage and wrecker fees of the person or
26 company who impounded and towed the subject vehicle.
27 (b) The department or other agency that conducts the hearings shall
28 promulgate such rules and regulations as are necessary to implement the
29 requirements of this Section. Any action for judicial review of the decision from the
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1 administrative hearing shall be in the same manner and under the same conditions
2 as provided in R.S. 32:414 R.S. 49:964. No court shall issue an injunction, stay or
3 other process preventing the enforcement of the sanctions required by this Part
4 pending the hearing provided for in this Part, except as provided by R.S. 49:964.
5 (6) The impounded vehicle shall remain impounded and the registration shall
6 remain suspended until such time as proof of valid insurance is given to the
7 Department of Public Safety and Corrections. Notwithstanding any other provision
8 of law to the contrary, in no event shall a car be released from impoundment until
9 such time as proof, in writing, has been presented from the Department of Public
10 Safety and Corrections that all penalties, fees, fines and requirements of this Section
11 have been met and until such time as proof, in writing, is presented to the office
12 of motor vehicles that all penalties, fees, and fines have been paid.
13 (7) In those instances when there is a passenger in the motor vehicle under
14 the age of twelve or when the driver or a passenger in the motor vehicle has a
15 disability or when considering the location and the time of day of the stop, the law
16 enforcement officer perceives that there would be a threat to the public safety or to
17 the occupants in the motor vehicle, such law enforcement officer enforcing the
18 provision of this Section may in lieu of the impoundment provisions of this Section,
19 seize the license plate and issue a temporary sticker valid for three ten calendar days,
20 excluding Saturdays, Sundays, and legal holidays. Upon expiration of the sticker,
21 the vehicle shall not be driven until the owner has complied with the requirements
22 of this Section. In the event the vehicle is being driven after the expiration of the
23 temporary sticker provided for herein, the vehicle shall be immediately impounded
24 pursuant to the provisions of this Section.
25 * * *
26 G. The only acceptable means of proof of a valid and current policy of
27 insurance shall be one of the following:
28 * * *
29 (5) The law enforcement officer verifies electronically that the motor
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1 vehicle is covered by a valid and current policy of liability insurance.
2 * * *
3 I. * * *
4 (3) If the owner fails to provide the proof required in Paragraph (2) of this
5 Subsection, there shall be a fine of one hundred twenty-five dollars for a first
6 offense, a fine of two hundred fifty dollars for a second offense, and a fine of five
7 one hundred dollars for any subsequent offense.
8 Section 2. R.S. 32:8(C) and 863(D)(5) are hereby repealed.
9 Section 3. This Act shall become effective upon signature by the governor or, if not
10 signed by the governor, upon expiration of the time for bills to become law without signature
11 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
12 vetoed by the governor and subsequently approved by the legislature, this Act shall become
13 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
SB 299 Original 2016 Regular Session Milkovich
Present law requires the Dept. of Public Safety and Corrections, office of motor vehicles
(OMV), to collect certain fees related to suspension of an operator's license (R.S. 32:57.1)
and automobile insurance requirement violations (R.S. 32:863 and 863.1). Further provides
that such fees are due within 60 days of the date of the notice to pay these fees and that after
60 days these fees shall be considered final delinquent debt.
Present law requires the office of motor vehicles to refer all final delinquent debt to the
office of debt recovery (ODR) for collection.
Proposed law amends present law definitions of "debt", "delinquent debt", and "final debt"
to require the OMV to provide written notice for suspension or revocation of driving
privileges or motor vehicle registration privileges as provided in R.S. 32:852(E), provides
that debt must be 90 days or more past due, and that OMV must have proof of personal
receipt of notice by the debtor by official delivery receipt or certificate from the U.S. Postal
Service.
Proposed law makes referral of final debt by OMV to the ODR discretionary, requires notice
by OMV to include payment arrangements and inform the debtor that he has no right of
judicial review if he fails to act on the notice.
Proposed law removes requirement that funds collected must be deposited into the Debt
Recovery Fund and utilized for the office of state police in the amount of $25 million.
Present law authorizes OMV to impose a $50 fee, regardless of the disposition of a charge
of failure to honor a written promise to appear.
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Proposed law removes authorization for OMV to impose the fee.
Present law requires the prosecuting authority of a charge of failure to honor a written
promise to appear to notify OMV of payment and authorizes OMV to charge an additional
$50 fee to renew or reissue the arrested person's driver's license.
Proposed law reduces the fee to $25.
Present law provides that after 60 calendar days of notification issued by OMV, fees due
shall be considered final delinquent debt.
Proposed law increases the time period to 90 calendar days and gives OMV discretion to
consider the debt as final.
Present law authorizes the OMV to collect certain fees associated with automobile insurance
requirements (R.S. 32:863 and 863.1).
Proposed law reduces OMV reinstatement fees for no insurance or allowing insurance to
lapse from $100 to $25 dollars for no insurance from one to 30 days, from $250 to $50 for
no insurance from 31 to 90 days, and from $500 to $100 for no insurance in excess of 90
days.
Proposed law reduces OMV reinstatement fees for submitting false information that a motor
vehicle is covered by insurance from $250 to $25 for a first violation, from $500 to $50 for
a second violation, and from $1,000 to $100 for a third or subsequent violation.
Present law provides that the maximum reinstatement fee due from a person with multiple
violations who pays within 60 days of notice shall not exceed $850 for no insurance or
lapsed insurance violations and $1,075 for submission of false insurance information.
Provides that total fees for persons 65 years or older shall not exceed $250.
Proposed law reduces the maximum reinstatement fee from $850 to $500 and changes the
time period from 60 to 90 days of date of notice before a fee is considered final debt.
Proposed law removes the provision that removes the cap on fees for persons under 65 years
of age and reduces the cap on total fees for persons 65 or older from $250 to $200.
Present law requires OMV to remit fees paid to the treasurer for credit to the Bond Security
and Redemption Fund.
Proposed law requires the treasurer to credit fees to the state general fund.
Present law authorizes OMV to send notice of sanctions to the last address furnished to the
OMV by first class mail.
Proposed law requires OMV to send notice of fines, fees, or other sanctions by certified or
registered mail, return receipt requested.
Present law provides the owner of a vehicle three calendar days, excluding weekend days
and legal holidays, to provide proof of insurance. Provides that if proof of compliance is
made after 60 days, an owner still owes a fee even if the owner provides proof of insurance.
Provides that a no insurance sticker is valid for only three days.
Proposed law increases the time period from three to 15 calendar days and deletes the
provisions relative to proof of insurance after 60 days.
Present law provides that OMV records on a insurance violation are prima facie proof of
violation.
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Proposed law deletes present law and retains present law that owner has burden of proof of
insurance at the time of violation.
Present law makes an owner liable for storage and wrecker fees when a vehicle is
impounded for no proof of insurance in the vehicle even if the vehicle was actually insured
at the time.
Proposed law makes OMV liable for storage and wrecker fees if the vehicle was actually
insured.
Present law provides several acceptable means of proof of insurance including an insurance
card or electronic image, and that a law enforcement making a stop has a reasonable belief
that the motor vehicle is covered by a valid and current policy of liability insurance.
Proposed law retains present law and adds as an acceptable means of proof of insurance that
the law enforcement officer electronically verifies that the motor vehicle is covered by a
valid and current policy of liability insurance.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 32:8(A)(1), (2), and (3), and (B), 57.1, 863(A)(3)(a) and (4), and (D)(1),
863.1(C)(1), (2), (5), (6), and (7), and (I)(3); adds R.S. 32:863.1(G)(5); repeals R.S. 32:8(C)
and 863(D)(5))
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