The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Xavier I. Alexander.
DIGEST
SB 413 Original 2020 Regular Session Price
Proposed law transfers the Weights and Standards Police Force from the Department of Public
Safety and Corrections ("DPS&C") to the Department of Transportation and Development
("DOTD").
Present law defines "commissioner" and "weights and standards stationary scale police officer."
Proposed law defines commissioner as the secretary of the Department of Public Safety and
Corrections.
Proposed law changes "weights and standards police officer" to "weights and standards stationary
police officer."
Present law authorizes the DPS&C to enforce certain provisions of law relating to trucks, trailers and
semi-trailers.
Present law provides that the DOTD 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 DPS&C to DOTD.
Present law provides that DOTD shall have sole authority over the issuance of special permits as
provided by law.
Proposed law retains present law and authorizes DOTD to facilitate the issuance of permits by
DOTD's truck permit office to place a vehicle or load in compliance with law.
Proposed law creates the Weights and Standards Police Force ("police force") within DOTD.
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 DOTD.
Proposed law provides that when any vehicle is in violation of any provision of the Part, the driver
shall be issued a violation ticket.
Present law provides for collection procedure; provides violations are penalties, rather than fines,
to reflect civil nature; provides for notice of violation and civil penalty or warning to responsible party within 30 days of violation; provides 45 day period to pay the penalty or to request an
administrative hearing; provides for payment by certified check, money order, or credit card; credit
card payments are deemed received when approval code is obtained; provides for dismissal of
violation if commissioner fails to issue a notice of violation to the responsible party in 30 calendar
days of date of violation; extends notice period for 60 calendar days due to data system failure by
act of God or intentional act of sabotage or during state of emergency declared by governor; provides
for appeal of findings of an administrative law judge in state district court of proper venue; provides
for posting of unpaid penalties after 45 days on commissioner's website until paid and notice to
office of motor vehicles who shall not renew vehicle registration until penalties and fees are paid;
provides for suspension of driver's license where driver is the responsible party; provides for notice
of suspension of license within 30 days unless all penalties and fees are paid; provides for $50 fee
to OMV to cover administrative cost; provides motor carriers shall not be responsible for driver
violations.
Proposed law repeals present law and provides that any person issued a violation under this Part, that
is domicile or resides in Louisiana shall receive notice from the weights and standards stationary
police that the penalty shall be paid within 30 days or a request of review from the agency within 30
days. A owner or driver who is a non-resident shall either pay the ticket at the time issued or post
bond equal to the amount of the penalty.
Proposed law provides that the secretary shall establish credit accounts for violators, if violator has
a cash deposit in the minimum amount of $5,000 or any amount in excess fixed by the secretary.
Proposed law provides that a violator that is domiciled or a resident of Louisiana has to pay all fines
and fees, failure to pay fees within 60 days of issuance will result in suspended license for 30
calendar days.
Proposed law provides that any owner or driver who pays an assessed penalty under this Section
shall have a period of 90 days to institute a civil suit against the DOTD to recover the penalty. The
90-day time period shall be suspended for owners who request an agency review. After review the
owner has 90 days after the final disposition to institute a civil proceeding against the DOTD to
recover the penalty.
Proposed law provides that the secretary shall establish procedures for agency review of ticket
violations. After the review of the violation the operator shall request a hearing conducted by a
review panel comprise of five members:
(1)One member appointed by the secretary of DOTD
(2)Two members appointed by the chairman of the House Transportation Committee
(3)Two members appointed by the chairman of the Senate Transportation Committee
Present law provides for DOTD to promulgate rules and oversight of rules by the House and Senate
Committees on Transportation, Highways, and Public Works. Proposed law provides transition provisions for the transfer of functions from DPS&C to DOTD.
Effective August 1, 2020.
(Amends R.S. 32:1(1),(10) and (93.1), 2(D) and (E), 3(C), 388(A)(3), and (4), (B)(1)(a)(intro para),
(B)(4)(a), (C)(3), (F) and (G), 388.1, 389, 390.23(A) and 392(A)(1), and R.S. 36:408(B)(3) and
409(C)(8), and R.S. 40:1379.8, and R.S. 47:511.1(B), (C),(D) and (E), 516(A), (B)(2), and (D),
718(B)(1) and (C) and 812(C); Adds R.S. 32:1(93), and 2(B) and (C); Repeals Sections 6-14 of Act
No. 320 of the 2010 Regular Session)