Louisiana lawmakers came close to enacting legislation that would have confiscated vehicles driven by people accused of littering. The bill failed in the House 49 to 46 on Monday after having cleared the state Senate last week by a 34 to 1 vote. Had two state representatives switched their votes, the measure would have been sent to the governor.
Existing law already provides that a third conviction for littering should be punished by a minimum fine of $1500 and a maximum of $5000, a one-year driver’s license suspension, up to thirty days in jail and up to 100 hours of being forced to pick up litter at the side of the road. The judge can also convert the monetary fines and other penalties into more time picking up litter. The proposed legislation would have added confiscation of the “motor vehicle, boat, or conveyance being driven by the offender at the time of the offense.” The bill’s House sponsor defended against attacks that the measure would lead to cases where cars would be unfairly seized from innocent vehicle owners.
“We do laws every day that go before a judge, and he is a judge because he or she is smart enough to go between what’s legitimate and what’s not,” Representative Karen St. Germain (D-Plaquemine) said. “This is a major issue — the entire [Natural Resources] Committee voted it out unanimously because it is an issue that has to be addressed. And since Katrina, Gustav, Ike we’ve had a lot more of this going on.”
Under the legislation, impounded vehicles would be sold at auction with the revenue split 10 percent to the towing company, 30 percent to the local police or investigative agency, 10 percent to the indigent defender board, 20 percent to the prosecutor and 30 percent to the state. The vehicle would be seized regardless of whether the offender was also the owner of the car. A bank or other lien holder on a leased car would have to pay “all towing and storage fees” before recovering their property.
“We’re making the banks pay all the penalties for the criminal,” Representative John LaBruzzo (R-Metairie) said. “Why do we want to get the banks involved in the process of littering? …This sounds like a great bill for the towing industry to try to get them some business.”
Representative Joseph P. Lopinto III (R-Jefferson Parish) moved to postpone consideration of the bill indefinitely, which, in effect, kills the bill for the session. A copy of Senate Bill 270 is available in a 25k PDF file at the source link below.
Source: 
Senate Bill 270 (Louisiana State Legislature, 6/20/2011)
Courtesy: Thenewspaper.com
In the best Democrat tradition of a deep and abiding love for draconian big-government.
I love the high-quality diction of St. Germain’s statement, too. You “do” legislation, huh? The judge is “smart enough” to “go between” what is “legitimate and what’s not?” Pure prose. Christ. Have they simply given up teaching grammar in Louisiana?
On the other hand, while this is obviously bad legislation, Louisiana does seem to have a serious litter problem, as anyone who has bumped through the potholed hell that is I-10 through that state can attest. Not sufficiently serious to warrant this kind of idiocy, however. I wonder how much actual enforcement takes place now?
As a former Louisianian who later obtained two degrees (one at a private, well-regarded East coast university), I can attest that grammar is indeed taught in that state.
Perhaps it’s a shame to tar all politicians with the same brush, but I’ve heard legislators from all parts of the nation using poor grammar. Unfortunately, well-spoken politicians are sometimes labeled as “arrogant” or “all style, no substance,” so the use of poor grammar may be an unconscious attempt to appeal to the masses.
Fair enough, and I have little room to talk: we Floridians are home to the Corrine Brown freakshow (search YouTube for videos of her embarrassingly incoherent Congressional speeches). She is a prime example of the reason voting should have minimum educational qualifications.
Is throwing cigarette butts out the window considered littering? If so, grab their cars. Cig smokers think the world is their ashtray & I’d love to see a few of them paying the price for years of dumping butts.
Seizure is always wrong. Regardless of the offense.
It’s not a uniform penalty. A car can be a $100 fine. Or a $40,000 fine.
It’s usually not the convicted person’s car at all. Most often the car is owned by the bank. Other times it’s owned by a friend or family member. In which case the state is effectively stealing from a third party.
I hate slob smokers too. But not enough to throw away fairness for.
You are one to snipe about grammar. Missed the session on nouns and adjectives? How about a complete sentence?
Your attempt to blame the Democratic Party (see – adjectives and nouns are not difficult) is equally misplaced. The Louisiana house has a Repulican majority. The Natural Resouces committee is chaired by a Republican and also has a Republican majority (naturally). No – this isn’t a Republican or Democratic tradition. This is a political tradition where the industry movers/shakers try to shake down the public in the guise of some public benefit. The breakout of the receipts gives you all the information about who was pushing for this law. And guess what – no TAXES were raised but magically the government takes in (and spends) more money. A fee or fine is a tax on someone else.
A perfect law for selective enforcement – anyone see any problems with that?
You throw trash into the back of a pickup and it magically disappears by the time you reach your destination. Is it the driver’s fault “the wind did it”???
Louisiana, possible corrupt hidden agenda? Who would have thought?
30% to the police, 20% to the prosecutor, 10% to the tow company…wow, conflict of interest anyone?
By the way, this penalty is already enacted for “suspicion of drug activity”. The standard really IS “suspicion”. They can legally seize your car without prosecuting you for anything, they only have to “suspect” something might be happening. So obviously they just target cars with out of state plates driven by people of moderate means (in other words, people that won’t fight it and drive their costs up). 20/20 did a piece on this a long time ago. It’s criminal.
And these backwater states wonder why they remain booniesh as few want to invest in them?
Louisiana is one of the places you go to once, and know right away you will never return to.