Louisiana 2021 2021 Regular Session

Louisiana House Bill HB654 Chaptered / Bill

                    ENROLLED
ACT No. 478
2021 Regular Session
HOUSE BILL NO. 654
BY REPRESENTATIVE MOORE
1	AN ACT
2 To enact R.S. 32:57(I), 57.3, 267, and 267.1, relative to the designation of highway safety
3 corridors by the Department of Transportation and the Louisiana Department of
4 Transportation and Development; to create a highway safety corridor program to
5 address highway safety problems, education, and safety enhancements; to create the
6 Safety Corridor Advisory Group; to provide for definitions; to provide for violations;
7 to provide for an effective date; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1.  R.S. 32:57(I), 57.3, 267, and 267.1 are hereby enacted to read as follows:
10 §57.  Penalties; alternatives to citation
11	*          *          *
12	I.  If a person operating a motor vehicle violates the provisions of this
13 Chapter while on the portion of a highway which is designated as a highway safety
14 corridor pursuant to R.S. 32:267, the fine shall be twice the standard fine imposed.
15	*          *          *
16 §57.3.  Failure to respond to a highway safety corridor violation
17	A.(1)  When the office of motor vehicles receives notice from the Department
18 of Transportation and Development to not renew or reissue the driver's license or
19 vehicle registration of a frequent violator as provided in R.S. 32:267.1, the office of
20 motor vehicles shall issue a notice to the violator at the address listed on the
21 violator's driver's license, unless a more current address is on file, that shall identify
22 the vehicle or vehicles subject to violations by vehicle identification number and the
Page 1 of 6
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 654	ENROLLED
1 assigned license plate number.  The notice shall also advise the violator that his
2 registration privileges and driver's license will be blocked against renewal or
3 reissuance, including any request for a duplicate registration or driver's license.  The
4 office of motor vehicles shall obtain a certificate of mailing at the time the notice is
5 mailed to the violator.
6	(2) The notice shall also state that the person shall pay a reinstatement fee to
7 the office of motor vehicles in addition to providing proof of compliance from the
8 Department of Transportation and Development to remove the block against renewal
9 or reissuance, including any request for a duplicate registration or driver's license.
10	(3) The reinstatement fee due pursuant to this Section shall be one hundred
11 dollars.
12	B. The Department of Transportation and Development shall provide the
13 complete record on all violations of the violator to the office of motor vehicles,
14 including all notices, evidence, or other records used in determining the violation or
15 conducting any hearing or appeal.
16	*          *          *
17 §267.  Highway safety corridor
18	A.(1)  The secretary of the Department of Transportation and Development,
19 superintendent of the Louisiana State Police, and the executive director of the
20 Louisiana Highway Safety Commission may establish a highway safety corridor
21 program under which critical infrastructure consisting of a portion of highways in
22 the state highway system and interstate highway system may be designated by the
23 secretary of the Department of Transportation and Development as highway safety
24 corridors to address highway safety problems through law enforcement, education,
25 and safety enhancements.
26	(2) After review of all data and studies used in the establishment of a
27 highway safety corridor and the subsequent establishment of the highway safety
28 corridor, the secretary of the Department of Transportation and Development, the
Page 2 of 6
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 654	ENROLLED
1 superintendent of the Louisiana State Police, and the executive director of the
2 Louisiana Highway Safety Commission shall not be liable for any property damages,
3 injuries, or deaths that may arise from any enforcement pursuant to R.S. 32:267.1 in
4 the highway safety corridor.
5	B.(1)  The Safety Corridor Advisory Group is established and the following
6 members shall serve on the advisory group:
7	(a)  The secretary of the Department of Transportation and Development or
8 designee.
9	(b)  The superintendent of the Louisiana State Police or designee.
10	(c)  The executive director of the Louisiana Highway Safety Commission or
11 designee.
12	(d)  The Regional Traffic Safety Coalition representative or designee in the
13 Strategic Highway Safety Plan that has jurisdiction over the location of the proposed
14 highway safety corridor.
15	(e)  Each chief law enforcement officer, or designee, that has jurisdiction over
16 the location of the proposed highway safety corridor.
17	(f)  Each district attorney, or designee, that has jurisdiction over the location
18 of the proposed highway safety corridor.
19	(2)  A local medical professional from the local area of the proposed
20 Highway Safety Corridor may be appointed by the secretary of the Louisiana
21 Department of Health to serve on the Safety Corridor Advisory Group.
22	(3)  The Safety Corridor Advisory Group shall elect a chairman, vice
23 chairman, and secretary from its membership.
24	(4)  The members of the Safety Corridor Advisory Group shall serve without
25 compensation and reimbursement of expenses other than compensation and
26 reimbursement provided by their employers.
27	(5)  The advisory group shall:
28	(a)  Establish objective criteria for designating a segment of highway as a
29 safety corridor, including but not limited to a review of crash data, crash reports, type
30 and volume of vehicle traffic, and engineering and traffic studies.
Page 3 of 6
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 654	ENROLLED
1	(b)  Establish objective criteria for safety enhancements, engineering
2 improvements, infrastructure investments, queue detection systems, extended
3 Motorist Assistance Patrols, or instant tow dispatch and public outreach.
4	C.  The secretary shall hold a minimum of one public hearing before
5 designating any specific highway corridor as a highway safety corridor.  The public
6 hearing for a specific corridor shall be held at least thirty days prior to the
7 designation at a location as close to the proposed corridor as practical.
8	D.  The Department of Transportation and Development shall erect a sign at
9 each end of the highway safety corridor and at appropriate intermediate sites along
10 the corridor indicating that it is a highway safety corridor.
11	E.  Any person violating the provisions of this Chapter while on the portion
12 of a highway which is designated as a highway safety corridor shall be fined and
13 penalized as provided in R.S. 32:57 or 267.1.
14	F.  The Department of Transportation and Development may adopt rules and
15 regulations necessary to carry out the provisions of this Section.
16 §267.1.  Highway safety corridor violations
17	A.  Upon a unanimous vote of the Safety Corridor Advisory Group pursuant
18 to R.S. 32:267(E) and in the exercise of the authority to designate highway safety
19 corridors on any highway in the state highway system, the secretary of the
20 Department of Transportation and Development shall coordinate with Louisiana
21 State Police for the exercise of the police powers of the state as shall be necessary
22 to maintain the peace and accomplish the orderly handling of this authority, subject
23 to the provisions of this Section.
24	B.  Terms as defined in R.S. 32:1 and 267 shall retain such definitions, unless
25 such term or terms are specifically defined in this Subsection.  As used in this
26 Section, unless the context indicates otherwise, the following terms shall have the
27 following meanings:
28	(1) "Department" means the Department of Transportation and Development.
Page 4 of 6
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 654	ENROLLED
1	(2) "Electronic mail" means a message, file, or other information that is
2 transmitted through a local, regional, or global computer network.
3	(3)  "Electronic mail address" means a destination, commonly expressed as
4 a string of characters, to which electronic mail may be sent or delivered.
5	(4)  "Highway safety corridor" means a special segment of a highway that has
6 been identified by data analysts, and approved by a majority vote of the Safety
7 Corridor Advisory Group, to be a high collision zone, especially for severe injury
8 and fatal collisions.  The primary cause of these crashes is driver behavior such as
9 speeding, aggressive driving, impairment, and distracted driving.
10	(5)  "Highway safety corridor violation" means use of a highway safety
11 corridor in a manner not authorized by this Chapter or any regulation promulgated
12 pursuant to this Chapter.
13	C.  The penalty for a highway safety corridor violation shall be a fine of not
14 more than one hundred dollars.
15	D.  The department shall from time to time designate one or more violation
16 clerks and agents to perform the functions specified in this Section at the discretion
17 of the department and for a time period as shall be necessary.  The department may
18 hire or designate such personnel and organize such sections as the department may
19 deem necessary, or contract for services, in order to carry out the provisions of this
20 Section.
21	E.  The provisions of this Section are intended to supplement the laws
22 governing motor vehicles and traffic regulation appearing in Title 32 of the
23 Louisiana Revised Statutes of 1950, and nothing contained in this Section shall be
24 construed as precluding any police officer from enforcing these laws within a
25 designated highway safety corridor.
26 Section 2.  This Act shall become effective upon signature by the governor or, if not
27 signed by the governor, upon expiration of the time for bills to become law without signature
28 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If
Page 5 of 6
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 654	ENROLLED
1 vetoed by the governor and subsequently approved by the legislature, this Act shall become
2 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
Page 6 of 6
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.