Louisiana 2019 2019 Regular Session

Louisiana House Bill HB457 Introduced / Bill

                    HLS 19RS-359	ORIGINAL
2019 Regular Session
HOUSE BILL NO. 457
BY REPRESENTATIVE HOWARD
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HIGHWAYS:  Provides for the designation of a speed enforcement trap in the village of
Robeline
1	AN ACT
2To enact R.S. 32:62, relative to speed enforcement traps; to require the posting of signage
3 that reflect the existence of a speed enforcement trap; to require that such signage be
4 posted on the portion of Louisiana Highway 6, in the village of Robeline; to establish
5 requirements for notifying motorists; to prohibit the issuance of citations and
6 collecting of fines under certain circumstances; to provide for definitions; and to
7 provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1.  R.S. 32:62 is hereby enacted to read as follows:
10 ยง62.  Required notification for speed enforcement traps
11	A.  The Department of Transportation and Development shall post signs on
12 the portion of Louisiana Highway 6, situated in the village of Robeline, notifying
13 motorists of the existence of a speed enforcement trap.
14	B.(1)  Signage shall be posted on Louisiana Highway 6, no less than five
15 hundred feet from the entry of the village limits and no less than five hundred feet
16 beyond the exit of the village limits.
17	(2)  The signs shall be posted in such a manner as to be clearly visible to
18 approaching motorists and shall provide a warning when motorists are both entering
19 and exiting a speed enforcement trap.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-359	ORIGINAL
HB NO. 457
1	C.(1)  Failure to comply with the provisions of Subsection A of this Section
2 shall prohibit any law enforcement officer from issuing citations and any municipal
3 or parish authority from collecting fines resulting from the issuance of a citation on
4 the portion of Louisiana Highway 6 situated in the village of Robeline.
5	(2)  In any proceeding to collect a civil or criminal fine, fee, or penalty by or
6 on behalf of the state or a municipal or parish authority, a rebuttable presumption
7 shall exist that signs were posted, in accordance with Subsection A of this Section,
8 notifying the motorist of the existence of a speed enforcement trap.
9	D.  For purposes of this Section, "speed enforcement trap" shall mean:
10	(1)  A portion of highway where traffic enforcement is focused on extracting
11 revenue from motorists instead of improving safety, made possible by speed limits
12 posted below the prevailing flow of traffic combined with excessively high
13 enforcement.
14	(2)  A portion of highway that is situated in a town, city, or village which
15 derives more than seventy-five percent of its total revenue from traffic fines and
16 forfeitures.
17 Section 2.  The Department of Transportation and Development is hereby directed
18to erect and maintain appropriate signage reflecting this designation.
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)]
HB 457 Original 2019 Regular Session	Howard
Abstract: Designates La. Hwy. 6 in the village of Robeline as a speed trap.
Proposed law requires that the Dept. of Transportation and Development post signs on the
portion of La. Hwy. 6, situated in the village of Robeline, notifying motorists of the
existence of a speed enforcement trap.
Proposed law requires that the signs be posted on La. Hwy. 6, no less than 500 feet from the
entry of the village limits and no less than 500 ft. beyond the exit of the village limits.
Proposed law requires that the signs be posted in such a manner as to be clearly visible to
approaching motorists and specify that the signs must provide a warning when motorists are
both entering and exiting a speed enforcement trap.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-359	ORIGINAL
HB NO. 457
Proposed law specifies that failure to comply with the provisions of proposed law will
prohibit any law enforcement officer from issuing citations and any municipal or parish
authority from collecting fines resulting from the issuance of a citation on the portion of La.
Hwy. 6 situated in the village of Robeline.
Proposed law indicates that in any proceeding to collect a civil or criminal fine, fee, or
penalty by or on behalf of the state or a municipal or parish authority, a rebuttable
presumption will exist that signs were posted notifying the motorist of the existence of a
speed enforcement trap.
Proposed law defines "speed enforcement trap" as:
(1)A portion of highway where traffic enforcement is focused on extracting revenue
from motorists instead of improving safety, made possible by speed limits posted
below the prevailing flow of traffic combined with excessively high enforcement.
(2)A portion of highway that is situated in a town, city, or village which derives more
than 75% of its total revenue from traffic fines and forfeitures.
Proposed law directs the Dept. of Transportation and Development to erect and maintain
appropriate signage reflecting this designation.
(Adds R.S. 32:62)
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.