SLS 10RS-999 ORIGINAL
Page 1 of 16
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 635
BY SENATOR LONG
WEIGHTS/ME ASURES. Provides with respect to DOTD stationary scale and mobile
police transfer of authority. (7/1/10)
AN ACT1
To amend and reenact R.S. 32:1(10) and (93.1), 2(C) and (D), 3(C), 388(F) and (G), and2
389, R.S. 36:408(B)(3), 409(C)(8), R.S. 40:1379.8, and R.S. 47:718(B)(1) and (C)3
and 812(C), and to repeal R.S. 32:2(E), relative to weights and standards; to transfer4
the operation and maintenance of stationary weight enforcement scale locations from5
the Department of Transportation and Development to the Department of Public6
Safety and Corrections; to provide for authority of the Department of Transportation7
and Development; to provide for the authority of the Department of Public Safety8
and Corrections; to provide for definitions; to provide for penalties and payments;9
to provide for enforcement, payment, and collections procedures; to provide for10
administrative review; to provide for transition; to provide for effective date; and to11
provide for related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 32:1(10) and (93.1), 2(C) and (D), 3(C), 388(F) and (G), and 389 are14
hereby enacted to read as follows: 15
§1. Definitions16
When used in this Chapter, the following words and phrases have the17 SB NO. 635
SLS 10RS-999 ORIGINAL
Page 2 of 16
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
meaning ascribed to them in this Section, unless the context clearly indicates a1
different meaning:2
* * *3
(10) "Commissioner" means the deputy secretary of the Department of4
Public Safety and Corrections , public safety services.5
* * *6
(93.1) "Weights and standards stationary scale police officer" means an7
employee of the Department of Transportation and Development Public Safety and8
Corrections, public safety services, authorized to enforce the provisions of R.S.9
32:380 through 389 388.1, both inclusive R.S. 32:390, R.S. 47:718, Chapter 4 of10
Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, the access laws11
and regulations relative to controlled access highways and certain other specified12
statutes and regulations determined by the deputy secretary of the Department13
of Public Safety and Corrections, public safety services, or by of the Department14
of Transportation and Development.15
* * *16
§2. Authority of Department of Transportation and Development17
* * *18
C.(1) The Weights and Standards Stationary Scales Inspection Police Force19
is hereby created within the department. It may enforce only the provisions of R.S.20
32:380 through R.S. 32:389; R.S. 47:718 and the provisions of Chapter 4 of Subtitle21
II of Title 47 relating to trucks, trailers and semitrailers; Part V of Chapter 7 of22
Subtitle II of Title 47; the provisions of R.S. 32:289; and the access laws and23
regulations relative to controlled access highways.24
(2) Members of the Weights and Standards Stationary Scales Inspection25
Police Force are authorized to carry weapons and to make arrests in the enforcement26
of these laws and regulations, and in that regard, shall have the same authority and27
powers conferred by law upon other law enforcement officers of this state; however,28
no member of the Weights and Standards Stationary Scales Inspection Police Force29 SB NO. 635
SLS 10RS-999 ORIGINAL
Page 3 of 16
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
shall be authorized to carry a weapon until the member has received P.O.S.T.1
certification training.2
D C. The Department of Transportation and Development shall have sole3
authority over the issuance of to issue the special permits as set forth in R.S. 32:387.4
The Department of Public Safety and Corrections, public safety services, shall5
be authorized to sell the permits at the stationary scale locations.6
E D. The secretary of the Department of Transportation and Development,7
through the office of the weights and standards police force, shall provide the8
personnel and equipment required to fully implement the provisions of R.S.9
32:390.23 as it relates to the assessment and collection of fees and taxes of this10
department. Any monies made available or received from the Federal Highway11
Administration, or from any other entity for the purpose of maintaining,12
improving or upgrading the stationary or mobile scales shall be used solely for13
that purpose. The Department of Public Safety and Corrections shall be14
responsible for maintenance of the buildings and grounds, roadways, parking15
lots, and scales.16
* * *17
§3. Authority of Department of Public Safety and Corrections18
* * *19
C. The Weights and Standards Police Force is hereby created within the20
Department of Public Safety and Corrections, public safety services. It may21
enforce the provisions of R.S. 32:380 through 388.1, R.S. 32:390, R.S. 47:718,22
Chapter 4 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, the23
access laws and regulations relative to controlled access highways and certain24
other specified statutes and regulations determined by the deputy secretary of25
the Department of Public Safety and Corrections, public safety services.26
Members of the Weights and Standards Mobile Police Force are may be authorized27
to carry weapons and to make arrests in the enforcement of these laws and28
regulations, and in that regard, shall may have the same authority and powers29 SB NO. 635
SLS 10RS-999 ORIGINAL
Page 4 of 16
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
conferred by law upon other law enforcement officers of this state the Department1
of Public Safety and Corrections upon being duly commissioned as a peace2
officer by the deputy secretary of the Department of Public Safety and3
Corrections, public safety services; however, no member of the Weights and4
Standards Mobile Police Force shall be authorized to carry a weapon until the5
member has received P.O.S.T. certification training and upon being duly6
commissioned as a peace officer by the deputy secretary of the Department of7
Public Safety and Corrections, public safety services.8
* * *9
§388. Penalties; payments10
* * *11
F. Payments for penalties imposed by the Department of Transportation and12
Development and the Department of Public Safety and Corrections, public safety13
services, shall be remitted to the Transportation Trust Fund. However, any payments14
for citations for weight limit violations on parish roads in a parish shall be paid to the15
public works department of said parish.16
G.(1) All of such penalties collected by the secretary and the commissioner17
shall be paid into the state treasury on or before the twenty-fifth day of each month18
following their collection and, in accordance with Article VII, Section 9 of the19
Constitution of Louisiana, shall be credited to the Bond Security and Redemption20
Fund. However, after a sufficient amount of the penalties collected by the secretary21
and the commissioner is allocated from the fund to pay all obligations secured by the22
full faith and credit of the state within any fiscal year, the treasurer shall pay an23
amount equal to the fees paid into the Bond Security and Redemption Fund pursuant24
to this Paragraph into the Transportation Trust Fund created under Article VII,25
Section 27 of the Constitution of Louisiana.26
(2) The department Department of Public Safety and Corrections, public27
safety services, shall keep a set of books showing from whom every dollar is paid28
and for what purpose. It also shall keep in its file vouchers or receipts for all monies29 SB NO. 635
SLS 10RS-999 ORIGINAL
Page 5 of 16
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
paid out.1
§389. Weights and standards police; enforcement procedure; payment and collection2
procedures; administrative review3
A. The weights and standards police force and the state police shall have4
concurrent authority to enforce the provisions of R.S. 32:380 through 388.1 and R.S.5
32:390.6
B. Any weights and standards police officer having reason to believe that any7
vehicle or combination of vehicles exceeds or is in violation of the provisions of R.S.8
32:380 through R.S. 32:386 or R.S. 32:388.1 through R.S. 32:390, or the terms and9
conditions of a special permit issued under R.S. 32:387 or regulations of either the10
department or secretary Department of Transportation and Development or the11
Department of Public Safety and Correction, public safety services, adopted12
pursuant to this Part, is authorized to stop such vehicle or combination of vehicles13
and to inspect, measure, or weigh such vehicle, either by means of portable or14
stationary scales, or to require that such vehicle be driven to the nearest available15
location equipped with facilities to inspect, measure, or weigh such vehicle.16
(1) Any state policeman having reason to believe that any vehicle or17
combination of vehicles exceeds or is in violation of the provisions of R.S. 32:38018
through 32:386 or R.S. 32:388.1 through R.S. 32:390, or the terms and conditions19
of a special permit issued under R.S. 32:387 or regulations of either the department20
or secretary Department of Transportation and Development or the Department21
of Public Safety and Corrections, public safety services, adopted pursuant to this22
Part is authorized to stop such vehicle or combination of vehicles and to inspect or23
measure such vehicle or to require that such vehicle be driven to the nearest available24
location equipped with facilities to inspect or measure such vehicle, provided that25
any state policeman having reason to believe that any vehicle or combination of26
vehicles exceeds or is in violation of the provisions of R.S. 32:386, any overweight27
special permit as provided in R.S. 32:387, or the department's regulations adopted28
pursuant thereto, may escort such vehicle to the nearest permanent or portable scale29 SB NO. 635
SLS 10RS-999 ORIGINAL
Page 6 of 16
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
operated by the department's weights and standards police force, where a weights1
and standards police officer shall weigh such vehicle and if such vehicle is2
overweight, is in violation of an overweight special permit, or the department's or3
secretary's regulations adopted pursuant thereto, shall issue a violation ticket in4
accordance with Subsection C of this Section.5
C.(1) Whenever any vehicle or combination of vehicles is found in violation6
of any provision of this Part or any regulation of the department or secretary adopted7
pursuant thereto, the weights and standards police officer or any state policeman8
shall take the name and address of the owner and driver and the license number of9
the vehicle and shall issue a violation ticket assessing a penalty for such violation in10
accordance with R.S. 32:388.11
(2) Upon issuance of the violation ticket, an owner or driver who is a resident12
of Louisiana or who has a domicile in Louisiana shall receive notification from the13
weights and standards stationary scale police officer that the penalty shall be paid14
within thirty days of issuance of the violation ticket or that the owner or driver may15
request an agency review of the penalty within thirty days of issuance of the16
violation ticket. An owner or driver who is not a resident of Louisiana or who does17
not have a domicile in Louisiana shall receive notification from the weights and18
standards stationary scale police officer that the penalty shall either be paid at the19
time the violation ticket is issued or he shall post a bond equal to the amount of the20
penalty, which bond shall be forfeited if, within thirty days of issuance of the21
violation ticket, the penalty has not been paid or an agency review has not been22
requested. The owner or driver shall pay the penalty assessed with certified check,23
cashier's check, money order, or department-approved credit card. The deputy24
secretary of the Department of Public Safety and Corrections, public safety25
services may establish credit accounts for violators, if each violator provides the26
department a cash deposit in the minimum amount of five thousand dollars or any27
amount in excess thereof fixed by the secretary to guarantee payment of said28
account. The department Department of Public Safety and Corrections, public29 SB NO. 635
SLS 10RS-999 ORIGINAL
Page 7 of 16
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
safety services shall not detain or impound any vehicle issued a violation ticket for1
any violation of the provisions of R.S. 32:380 through 387 prior to the final2
disposition of the violation ticket if the owner or driver is a resident of Louisiana or3
has a domicile in Louisiana, or has paid the penalty or posted the bond in accordance4
with this Section. For purposes of this Section, "final disposition" shall be defined5
as a final conviction, not capable of appeal or review.6
(3)(a) If a driver of a motor vehicle who is a resident of Louisiana or who has7
a domicile in Louisiana is determined to be the responsible party for the violation8
ticket issued by the Department of Transportation and Development Public Safety9
and Corrections, public safety services, or the office of state police, the driver shall10
be responsible for the payment of all fines and fees associated with issuance of the11
violation ticket. If the department or the office of state police Department of Public12
Safety and Corrections, public safety services, fails to receive payment of the13
violation ticket within sixty calendar days of issuance of the violation ticket or within14
sixty calendar days of receiving a notice of final judgment from the agency or15
administrative review, the department or the office of state police Department of16
Public Safety and Corrections, public safety services, shall transmit the driver's17
license number to the office of motor vehicles. Upon receipt of the driver's license18
number, the office of motor vehicles shall immediately notify the driver, by first19
class mail, that his driver's license shall be suspended thirty calendar days after the20
date of mailing the notice unless all fines and fees associated with the violation ticket21
are paid in full together with notice of the imposition of a fifty-dollar fee by the22
office of motor vehicles to cover its administrative costs. Upon payment of all fines23
and fees associated with the violation ticket, the office of motor vehicles shall24
immediately authorize the reinstatement of the driver's license.25
(b) If a motor carrier is determined by the Department of Transportation and26
Development or the office of state police Public Safety and Correction, public27
safety services, to be the responsible party for a violation ticket, and if such party28
fails to pay the assessed penalty within sixty calendar days of receiving the violation29 SB NO. 635
SLS 10RS-999 ORIGINAL
Page 8 of 16
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
ticket or within sixty calendar days of receiving a notice of final judgment from the1
agency or administrative review, the department or the office of state police2
Department of Public Safety and Corrections, public safety services, shall3
transmit the vehicle identification number of the offending vehicle for which the4
violation ticket was issued to the office of motor vehicles. The office of motor5
vehicles shall not renew the registration of the offending vehicle until all fines and6
fees associated with the violation ticket are paid in full. Upon payment of all fines7
and fees associated with the violation ticket, the office of motor vehicles shall8
immediately authorize renewal of the vehicle's registration. The Department of9
Transportation and Development and the office of state police Public Safety and10
Corrections, public safety services, shall adopt rules and regulations in accordance11
with the Administrative Procedure Act, subject to oversight by the House and Senate12
Committees on Transportation, Highways and Public Works, as are necessary to13
implement the provisions of this Subparagraph.14
(c) The Department of Transportation and Development and the office of15
state police Public Safety and Corrections, public safety services, shall be16
prohibited from seizing the registration license plate of a motor vehicle for failing17
to pay a fine for a violation ticket.18
(4)(a) Any owner or driver who pays an assessed penalty in accordance with19
the provisions of this Section shall have a period of ninety days after the date of20
payment to institute a civil suit against the department Department of Public Safety21
and Corrections, public safety services, to recover the penalty so paid. However,22
the ninety-day time period to institute a civil suit against the department23
Department of Public Safety and Corrections, public safety services, shall be24
suspended for any owner or driver who timely requests an agency review in25
accordance with the provisions of this Section, in which case the owner or driver26
shall have a period of ninety days after the final disposition of the agency review to27
institute a civil suit against the department to recover the penalty so paid.28
(b) The right to sue for recovery of a penalty paid shall afford a legal remedy29 SB NO. 635
SLS 10RS-999 ORIGINAL
Page 9 of 16
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
and right of action in any state district court for a full and complete adjudication of1
any questions arising in the enforcement of a penalty respecting the legality of any2
penalty assessed or the method of enforcement thereof. Any such suit may be3
instituted either in the parish in which the violation occurred, the domicile of4
vehicles, provided the domicile is within the state of Louisiana, or in East Baton5
Rouge Parish. In any such suit, service of process shall be made on the department,6
through the deputy secretary of the Department of Public Safety and7
Corrections, public safety services. The department Department of Public Safety8
and Corrections, public safety services, shall be a necessary and proper party9
defendant in any such suit.10
(5) No court of this state shall issue any process whatsoever to restrain the11
collection of any penalty assessed by the department pursuant to this Part.12
(6) If upon expiration of the ninety-day period provided in Paragraph (4)(a)13
of this Subsection any penalty assessed remains unpaid, the department Department14
of Public Safety and Corrections, public safety services, may institute a civil suit15
in the parish in which the violation occurred or in the domicile of the owner or driver16
to collect any penalty assessed but unpaid. The department Department of Public17
Safety and Corrections, public safety services, shall have one year from the date18
of expiration of the ninety-day period to institute such a suit.19
(7) Notwithstanding the above provisions, any member of the armed forces,20
who is in uniform or presents an order for duty and who is operating a military21
vehicle in the line of duty in violation of any provision of R.S. 32:380 through R.S.22
32:387 or any regulation of the department or secretary adopted pursuant thereto23
shall not be required to pay the penalty assessed, nor shall he be required to surrender24
his Louisiana driver's license. However, the owner of the vehicle or the federal25
government shall pay the penalty within thirty days.26
(8) Failure of any vehicle or combination of vehicles to stop at a weigh27
facility may be excused if stopping the vehicle or combination of vehicles would28
create a serious traffic hazard. The Department of Transportation and Development29 SB NO. 635
SLS 10RS-999 ORIGINAL
Page 10 of 16
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Public Safety and Corrections, public safety services, shall promulgate rules under1
the provisions of the Administrative Procedure Act for the implementation of this2
Paragraph. Such rules shall define "serious traffic hazard" and shall authorize the use3
of green traffic signal lights to allow vehicles to pass the weigh facility at such times4
as vehicles have accumulated on the entrance ramp to the weigh facility to the extent5
that the vehicles present a traffic hazard. Rules adopted hereunder shall be subject6
to oversight by the House and Senate Committees on Transportation, Highways and7
Public Works.8
D.(1) The secretary commissioner shall establish a procedure for agency9
review of violation tickets issued by weights and standards stationary scale police10
officers and may take appropriate actions based on the findings of the agency's11
review. The secretary commissioner shall adopt rules in accordance with the12
Administrative Procedure Act to govern agency review and any actions taken based13
on the findings of the agency.14
(2) Following conclusion of the agency's review, the operator or responsible15
party issued the violation ticket by the weights and standards stationary scale police16
officer may request a hearing conducted by a review panel comprised of five17
members. One member of the review panel shall be appointed by the secretary18
commissioner of the Department of Transportation and Development, two members19
shall be appointed by the chairman of the House Transportation, Highways and20
Public Works Committee, and two members shall be appointed by the chairman of21
the Senate Transportation, Highways and Public Works Committee. Decisions of the22
review panel shall be binding upon the Department of Transportation and23
Development Public Safety and Corrections, public safety services. The secretary24
commissioner shall adopt rules and regulations in accordance with the25
Administrative Procedure Act regarding the hearing conducted by the review panel26
including but not limited to rules and regulations regarding the notification and27
procedure for requesting a hearing by the review panel and deadlines for request for28
a hearing before the review panel.29 SB NO. 635
SLS 10RS-999 ORIGINAL
Page 11 of 16
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Section 2. R.S. 36:408(B)(3) and 409(C)(8) are hereby amended and reenacted to1
read as follows:2
§408. Offices; purposes and functions3
* * *4
B. * * *5
(3) Within the office of state police Department of Public Safety and6
Corrections, public safety services, there shall be a Weights and Standards Mobile7
Police Force (R.S. 40:1379.8) which shall perform the functions of the state related8
to the enforcement of R.S. 32:380 through 389 388, R.S. 32:388.1, R.S. 32:390, and9
R.S. 47:718, and the provisions of Chapter 4 of Subtitle II of Title 47 relating to10
trucks, trailers, and semitrailers and Part V of Chapter 7 of Subtitle II of Title 47 of11
the Louisiana Revised Statutes of 1950 and the department's regulations adopted12
pursuant thereto.13
* * *14
§409. Transfer of agencies to Department of Public Safety and Corrections15
* * *16
C. The following agencies, as defined by R.S. 36:3, are transferred to and17
hereafter shall be within the Department of Public Safety and Corrections, as18
provided in R.S. 36:802:19
* * *20
(8) The Weights and Standards Police Force (mobile units only) (R.S.21
40:1379.8).22
* * *23
Section 3. R.S. 40:1379.8 is hereby amended and reenacted to read as follows:24
§1379.8. Weights and Standards Mobile Police Force25
A. The Weights and Standards Mobile Police Force is hereby created within26
the office of state police of the Department of Public Safety and Corrections, public27
safety services.28
B. Members of the Weights and Standards Mobile Police Force who are29 SB NO. 635
SLS 10RS-999 ORIGINAL
Page 12 of 16
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
commissioned by the deputy secretary of the Department of Public Safety and1
Corrections, public safety services, and who receive P.O.S.T. certification training,2
are considered peace officers and shall have the authority to enforce the criminal and3
traffic laws of the state, apprehend criminals and make arrests, and perform other4
related duties imposed upon them by the legislature. As peace officers, they shall5
also have, in any part of the state, the same powers with respect to criminal matters6
and the enforcement of the law relating thereto as sheriffs, constables, and police7
officers have in their respective jurisdictions. No member of the Weights and8
Standards Mobile Police Force shall be authorized to carry a weapon until the9
member has received P.O.S.T. certification training.10
Section 4. R.S. 47:718(B)(1) and (C) and 812(C) are hereby amended and reenacted11
to read as follows:12
§718. Gasoline or motor fuel imported in a vehicle's reservoir and used within this13
state14
* * *15
B.(1) In order to enforce the provisions of this Section, the secretary or his16
authorized representative, or any commissioned officer employed by the office of17
state police or by the Department of Transportation and Development Department18
of Public Safety and Correction, public safety services, is empowered to stop any19
motor vehicle which appears to be operating with gasoline or motor fuel for the20
purpose of examining the invoices and for such other investigative purposes21
reasonably necessary to determine whether the vehicle is being operated in22
compliance with the provisions of this Section.23
* * *24
C. All penalties collected for violation of this Section shall be paid to the25
deputy secretary of the Department of Public Safety and Corrections, public safety26
services, or the Department of Transportation and Development, whichever agency27
issued the violation ticket, who shall pay said penalties into the state treasury on or28
before the twenty-fifth day of each month following their collection and, in29 SB NO. 635
SLS 10RS-999 ORIGINAL
Page 13 of 16
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
accordance with Article VII, Section 9 of the Constitution of Louisiana shall be1
credited to the Bond Security and Redemption Fund. After a sufficient amount is2
allocated from that fund to pay all obligations secured by the full faith and credit of3
the state which become due and payable within any fiscal year, the treasurer shall4
pay an amount equal to the fees paid into the Bond Security and Redemption Fund5
pursuant to this Subsection into the Transportation Trust Fund.6
* * *7
§812. Violations; cargo tank to carburetor connection; operation without8
speedometer or hub meter; operation without name and address on9
trucks; invoice10
* * *11
C. All specific penalties collected by the Department of Public Safety and12
Corrections, public safety services, or the Department of Transportation and13
Development in accordance with this Part shall be paid to the deputy secretary of the14
Department of Public Safety and Corrections, public safety services, or the15
Department of Transportation and Development, whichever agency issued the16
violation ticket, who shall pay said penalties into the state treasury on or before the17
twenty-fifth day of each month following their collection and, in accordance with18
Article VII, Section 9 of the Constitution of Louisiana, such funds shall be credited19
to the Bond Security and Redemption Fund.20
Section 5. R.S. 32:2(E) is hereby repealed.21
Section 6. All books, records, money, equipment, actions, and other property of22
every kind, movable and immovable, real and personal possessed, controlled or used by the23
Department of Transportation and Development for carrying out the functions, duties, and24
responsibilities of the previously constituted Weights and Standards stationary scales police25
force, under R.S. 32:2, and anywhere else found in law, as well as those functions and duties,26
including those related to due process proceedings, are transferred to Public Safety Services27
of the Department of Public Safety and Corrections. Said property shall not include the28
building and immovable property located at 1201 Capitol Access Road, Baton Rouge,29 SB NO. 635
SLS 10RS-999 ORIGINAL
Page 14 of 16
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Louisiana, which currently houses Sections 43 and 44 of the Department of Transportation1
and Development. Maintenance of this immovable property shall remain the responsibility2
of DOTD. 3
Section 7. All rules and regulations adopted or permits, licenses, registrations,4
variances, or orders issued by the effective date of this Act shall continue in full force unless5
otherwise revoked, repealed, amended, modified, or terminated in accordance with law.6
However, the deputy secretary for Public Safety Services of the Department of Public Safety7
and Corrections shall act to adopt such rules and regulations as are necessary to the function8
of the Weights and Standards Police Force.9
Section 8. Any legal proceeding, the statutory provisions for which are amended or10
repealed by the provisions of this Act, to which any agency or office is a party and which11
is filed, initiated, or otherwise pending before any court or hearing agency on the effective12
date of this Act, and all documents involved or affected by said legal proceeding shall retain13
their effectiveness and shall be continued in the name of the former agency. All further legal14
proceedings shall be in the name of the original party agency and Public Safety Services of15
the Department of Public Safety and Corrections shall be substituted for the original party16
agency without the necessity for amendment of any document to substitute the name of the17
department or the name or title of any subdivision or section of the department.18
Section 9. All employees engaged in the performance of the functions of the19
Weights and Standards stationary police force, the provisions of which are amended or20
transferred by this Act, are hereby assigned to Public Safety Services of the Department of21
Public Safety and Corrections and, shall insofar as practicable and necessary continue to22
perform duties heretofore assigned, subject to applicable state civil service laws, rules, and23
regulations.24
Section 10. The provisions of this Act shall not be construed in any manner which25
will impair the contractual or other obligations of any agency, office, or department of this26
state.27
Section 11. The provisions of this Act shall not be construed so as to limit the power28
or authority of any member of the office of state police as provided in R.S. 40:1379.29 SB NO. 635
SLS 10RS-999 ORIGINAL
Page 15 of 16
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Section 12. Any reference to the Weights and Standards Stationary Police Force or1
Weights and Standards Mobile Police Force, in any provision of law, including but not2
limited to provisions of Chapters 4 and 7 of Subtitle II of Title 47 of the Louisiana Revised3
Statutes of 1950, shall be understood to refer to the Weights and Standards Police Force of4
Public Safety Services of the Department of Public Safety and Corrections.5
Section 13. All rules and regulations promulgated by Public Safety Services of the6
Department of Public Safety and Corrections relative to weight enforcement, payment, and7
collection procedures shall be adopted in accordance with the provisions of the Louisiana8
Administrative Procedure Act. Such rules and regulations shall make reference to the9
Sections or Subsections which they may interpret or apply.10
Section 14. This Act shall become effective on July 1, 2010.11
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Greg Waddell.
DIGEST
Proposed law transfers the Weights and Standards Police Force from the Department of
Transportation and Development ("DOTD") to the Department of Public Safety and
Corrections ("DPS&C").
Present law defines "commissioner" and "weights and standards stationary scale police
officer."
Proposed law defines commissioner as the deputy secretary of the Department of Public
Safety and Corrections, public safety services.
Proposed law changes "weights and standards stationary police officer" to "weights and
standards police officer."
Present law authorizes the DOTD to enforce certain provisions of law relating to relating to
trucks, trailers and semi-trailers.
Present law provides that the DPS&C shall enforce certain provisions of law and the
regulations adopted on all highways of this state within its jurisdiction and shall exercise
such other power and authority as authorized by law.
Proposed law retains present law and transfers operation and maintenance of all stationary
weight enforcement scale locations from DOTD to DPS&C.
Present law provides that DOTD shall have sole authority over the issuance of special
permits as provided by law.
Proposed law provides that DOTD shall still issue permits, but DPS&C shall also be allowed
to sell the permits at the stationary scale locations. SB NO. 635
SLS 10RS-999 ORIGINAL
Page 16 of 16
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law creates the Weights and Standards Police Force ("police force") within
DPS&C. Authorizes the police force to enforce certain provisions of law, the access laws
and regulations relative to controlled access highways and certain other laws and regulations
as determined by the deputy secretary of DPS&C.
Effective July 1, 2010.
(Amends R.S. 32:1(10) and (93.1), 2(C) and (D), 3(C), 388(F) and (G), and 389, R.S.
36:408(B)(3), 409(C)(8), R.S. 40:1379.8, and R.S. 47:718(B)(1) and (C) and 812(C); repeals
R.S. 32:2(E))