SADOW: Lawmakers Look Set to Make Bad Laws Stink Less

After years of trying, two of the most odious laws regarding motor vehicle operation—designed primarily as revenue grabs—appear to be on the verge of amelioration, although if legislators had real fortitude, they would neuter these completely.

SB 99 by Republican state Sen. Stewart Cathey provides further deterrent to the use of traffic enforcement cameras, following up on changes last year. Those alterations, by increasing due process protections, also increased expenses to local governments, making the use of these cameras less attractive. The bill would strengthen the deterrent by subjecting officials in jurisdictions using these devices to malfeasance charges. Cathey believed this necessary, as he perceived many of the recently enacted provisions were being ignored—a belief that seems valid if a recent incident of an egregious violation of the law in West Baton Rouge Parish is any indicator.

Speed cameras still would be legal, however, and additional loophole closures could be employed to both make revenue generation for its own sake more difficult and allow for greater due process. The bill could be amended to mandate requirements of (1) taking pictures both of license plates and faces, (2) photos that must be clearly recognizable after review by a police officer and verified by a city or district judge, (3) use of a camera proven accurately calibrated and operating only during posted times, and (4) subjecting citations to criminal, not civil, proceedings in order to secure a conviction.

But Cathey has another way to skin this cat. His SB 158 would force all revenues generated by speed cameras to be remitted to the state and then apportioned to sheriffs for youth programs, ensuring that these revenues go toward a truly public safety purpose. If this Communities Aligned To Help Educate Youth (note the acronym) Fund comes into effect, it’s doubtful any jurisdiction would continue operating such cameras, exposing the hypocrisy behind claims of “public safety.” Regardless of the seriousness of the attempt, diversion of money from anything but public safety and enforcement costs remains unacceptable—and a sign that greed truly prevails.

Then there’s Republican state Rep. Larry Bagley’s HB 221 and HB 232, which represent the next iteration in his years-long attempt to wipe out the inspection requirement, at least for passenger vehicles domiciled in parishes not in violation of federal clean air requirements. This time, it looks as if it will happen, but with an unappealing tradeoff: the state not only will continue to assess the $10 per year charge, but also will collect all of it.

Most states don’t have such a requirement, and almost all policymakers—and even many of those who perform inspections, such as gas station and tow truck operators—dislike performing them. However, state government liked the revenues, the potential loss of which led to past resistance. To work around this, Bagley tacked the fee onto the biannual registration. This cuts out the inspectors, who previously received $4.75, and instead allows the state to pocket the entire amount.

Thus, drivers still would pay the same but at least would no longer waste time and effort complying with a useless mandate. If it’s any relief, the extra take by the state will be dedicated to “traffic enforcement,” with the $5.25 remaining also going to operations and training related to motor vehicle regulations and enforcement.

At least these measures represent progress, even if they wouldn’t eliminate traffic enforcement cameras completely or save citizens money. Something is better than nothing.

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