Committee closes loophole for automated speed enforcement; adds "intentionally" to malfeasance standard

Senate Bill 99, introduced by Senator Cathy, was reported with amendments by the Senate Judiciary C Committee after a lengthy discussion about automated speed-enforcement programs and local uses of speed cameras. The adopted changes clarify that intentional violations by an official or officer in issuing speed citations by mail can constitute malfeasance and remove language that would have limited the statute to only handheld or manned automated devices.

Senator Cathy told the committee she has seen municipalities where automated enforcement revenue grew rapidly and was not always used for public-safety purposes. He described a case in which an individual municipality's speed-camera revenue rose from modest amounts to hundreds of thousands of dollars. "In the village of Clayton alone in 2022, they did $21,000 worth of traffic violations. They put speed cameras in, and they went to $499,000 worth of revenue from these things," he said, characterizing some programs as a "money grab."

The committee considered an amendment to add the word "intentionally" into the malfeasance language to ensure the statute targets deliberate acts by officials rather than inadvertent errors. Richard Williams of the Louisiana Municipal Association recommended placing "intentionally" so that it applies to the official who sends a citation by mail and not to the motorist. After redrafting the amendment (amendment set 7 19) to insert "intentionally" on page 2, line 6, the committee adopted the change.

Fabian Bloch, executive director of the Louisiana Chiefs of Police Association, said his organization had been prepared to oppose the bill but would not do so after the amendment, and he and the Municipal Association said they would work with municipalities to achieve compliance.

The amendment also removed provisions that had been interpreted to apply only to handheld or manned devices, closing what supporters described as a loophole for trailer-mounted or mobile automated systems. The author said the change was intended to make enforcement requirements uniform and to prevent municipalities from exploiting a lapse after the Department of Transportation and Development's policy changes.

Action taken: Senator Cathy offered amendment set 7 19 (insert "intentionally" into the malfeasance clause); the amendment was adopted and the committee reported SB 99 with amendments without objection.

Next steps: SB 99 will be transmitted to the Senate floor with the adopted amendments; committee members said they will continue outreach to municipalities and law-enforcement partners to explain the clarified standard.