Louisiana 2016 2016 Regular Session

Louisiana Senate Bill SB400 Comm Sub / Analysis

                    The original instrument was prepared by Sharon F. Lyles. The following digest,
which does not constitute a part of the legislative instrument, was prepared by
Leonore F. Heavey.
DIGEST
SB 400 Engrossed	2016 Regular Session	Barrow
Proposed law requires the office of motor vehicles (OMV) to develop and implement a debt amnesty
program for a period of at least two months duration in 2016 that occurs prior to December 31, 2016,
and to collect debt for fines, penalties, and fees due the OMV as defined in R.S. 32:8 for violations
R.S. 32:863 (no insurance). Requires the office to publicize the debt amnesty program to maximize
the public's awareness of and participation in the program.
Proposed law provides that OMV debtors with debt incurred under R.S. 32:863 are eligible to
participate in the debt amnesty program. Requires amnesty debt payments to be paid in full during
the amnesty period and provides the following schedule of amnesty debt payments. 
(1)For debt for violation or for multiple violations of R.S. 32:863(A)(1) before July 1, 2014, the
per violation amnesty payment will be $50 and the total amnesty debt payment due shall not
exceed $500.
(2)For debt for violation or for multiple violations of R.S. 32:863(A)(1) on or after July 1, 2014,
the per violation amnesty payment will be $100 and the total amnesty debt payment due shall
not exceed $850.
(3)For debt for violation or for multiple violations of R.S. 32:863(A)(2) before July 1, 2014, the
per violation amnesty payment will be $50 and the total amnesty debt payment due shall not
exceed $500.
(4)For debt for violation or for multiple violations of R.S. 32:863(A)(2) on or after July 1, 2014,
the per violation amnesty payment will be $100 and the total amnesty debt payment due shall
not exceed $1,750.
(5)No amnesty debt payment for debt of a person 65 years or older for multiple violations of
R.S. 32:863(A)(1) and (2) before July 1, 2014, including administrative fees, shall exceed
$200.
(6)No amnesty debt payment for debt of a person 65 years or older for multiple violations of
R.S. 32:863(A)(1) and (2) on or after July 1, 2014, including administrative fees, shall
exceed $250.
Proposed law requires the OMV to clear the debtor's record and reinstate his driver's license and
motor vehicle registration upon receipt of the amnesty payment. Proposed law requires OMV to propose an amnesty program for violations of R.S. 32:57.1 (failure
to honor a promise) and R.S. 32:863.1 (no evidence of insurance) to be approved by the House and
Senate committees on transportation, highways, and public works by January 1, 2017.
Proposed law prohibits OMV from pursuing collection of fines for violations of R.S. 32:57.1 and
R.S. 32:863.1 until July 1, 2017.
Effective August 1, 2016.
(Adds R.S. 32:9)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation, Highways, and
Public Works to the original bill
1. Limits the amnesty program to violations of R.S. 32:863 (no insurance).
2. Provides for different per violation and total amnesty caps for violations before July
1, 2014, penalty rate increase and for violations on or after July 1, 2014.
3. Requires OMV to propose an amnesty program for fines for failure to appear and no
evidence of insurance.
4. Prohibits collection action on fines for failure to appear and no evidence of insurance
until July 1, 2017.