SLS 21RS-337 ORIGINAL
2021 Regular Session
SENATE BILL NO. 190
BY SENATOR SMITH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TRANSPORTATION/DEV DEPT. Transfers stationary weight enforcement to DOTD.
(7/1/22)
1 AN ACT
2 To amend and reenact R.S. 32:1(1), (10), and (108), (2)(D), (3)(C), 388(A)(3) and (4), the
3 introductory paragraph of (B)(1)(a), (B)(4)(a), (F), and (G), 388.1, 389, and
4 392(A)(1), R.S. 36:409(C)(8), R.S. 40:1379.8, and R.S. 47:511.1(B), (C), (D), and
5 (E), 516(A), (B)(2), and (D), 718(B)(1) and (C) and 812(C), to enact R.S.
6 32:1(108.1) and (2)(B) and (C) and R.S. 36:408(B)(3), and to repeal R.S. 32:2(E),
7 388(C)(3), and Sections 6 through 14 of Act No. 320 of the 2010 Regular Session of
8 the Legislature; relative to weights and standards; to transfer the operation and
9 maintenance of stationary weight enforcement scale locations from the Department
10 of Public Safety and Corrections to the Department of Transportation and
11 Development; to provide for authority of the Department of Transportation and
12 Development; to provide for the authority of the Department of Public Safety and
13 Corrections; to provide for definitions; to provide for fines and payments; to provide
14 for enforcement, payment, and collections procedures; to provide for administrative
15 review; to provide for transition; to provide for an effective date; and to provide for
16 related matters.
17 Be it enacted by the Legislature of Louisiana:
Page 1 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 190
SLS 21RS-337 ORIGINAL
1 Section 1. R.S. 32:1(1), (10), and (108), (2)(D), (3)(C), 388(A)(3) and (4), the
2 introductory paragraph of (B)(1)(a), (B)(4)(a), (F), and (G), 388.1, 389, and 392(A)(1) are
3 hereby amended and reenacted and R.S. 32:1(108.1) and (2)(B) and (C) are hereby enacted
4 to read as follows:
5 §1. Definitions
6 When used in this Chapter, the following words and phrases have the
7 meanings ascribed to them in this Section, unless the context clearly indicates a
8 different meaning:
9 (1) "Authorized emergency vehicle" means a vehicle of a fire department, a
10 vehicle of the department's weights and standards police force, a police vehicle, a
11 private vehicle, a privately owned vehicle belonging to members of an organized
12 volunteer fire department or fire district when so designated or authorized by the fire
13 chief of that fire department or fire district, an industrial-owned vehicle assigned to
14 members of a fire department or fire district when so designated or authorized by the
15 fire chief of that fire department or fire district, a vehicle parked or stopped by
16 elevator repair or construction personnel while responding to an elevator emergency,
17 such as ambulances and emergency medical response vehicles certified by the
18 Department of Health and Hospitals that are operated by certified ambulance
19 services, and emergency vehicles of municipal departments or public service
20 corporations as are designated or authorized by the secretary of the Department of
21 Transportation and Development or by the chief of police of any incorporated
22 municipality. For purposes of this Section, elevator repair shall be limited to those
23 elevators that move people.
24 * * *
25 (10) "Commissioner" means the deputy secretary of the Department of Public
26 Safety and Corrections, public safety services.
27 * * *
28 (108) "Weights and standards stationary scale police officer" means an
29 employee of the Department of Public Safety and Corrections, public safety services
Page 2 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 190
SLS 21RS-337 ORIGINAL
1 Transportation and Development, authorized to enforce the provisions of R.S.
2 32:380 through 388.1, R.S. 32:390, R.S. 47:718, Chapter 4 of Subtitle II of Title 47
3 of the Louisiana Revised Statutes of 1950, the access laws and regulations relative
4 to controlled access highways, and certain other specified statutes and regulations
5 determined by the deputy secretary of the Department of Public Safety and
6 Corrections, public safety services, or by of the Department of Transportation and
7 Development.
8 (108.1) "Weights and standards mobile police officer" means an
9 employee of the office of state police of the Department of Public Safety and
10 Corrections, Public Safety Services, with responsibilities and duties as provided
11 by R.S. 40:1379.8.
12 * * *
13 §2. Authority of Department of Transportation and Development
14 * * *
15 B. The department shall enforce the provisions of R.S. 32:380 through
16 R.S. 32:388.1, R.S. 32:390, R.S. 47:718 and the provisions of Chapter 4 of
17 Subtitle II of Title 47 relating to trucks, trailers and semi-trailers and Part V of
18 Chapter 7 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950 and
19 the department's regulations adopted pursuant thereto on all highways within
20 this state and shall exercise other power and authority as is specifically set forth
21 in this Chapter or other laws of this state.
22 C.(1) The Weights and Standards Stationary Scales Police Force is
23 hereby created within the department. It may enforce the provisions of R.S.
24 32:380 through R.S. 32:388.1, R.S. 47:718 and the provisions of Chapter 4 of
25 Subtitle II of Title 47 relating to trucks, trailers, and semi-trailers; Part V of
26 Chapter 7 of Subtitle II of Title 47; the provisions of R.S. 32:289; and the access
27 laws and regulations relative to controlled access highways.
28 (2) Members of the Weights and Standards Stationary Scales Police
29 Force are authorized to carry weapons and to make arrests in the enforcement
Page 3 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 190
SLS 21RS-337 ORIGINAL
1 of these laws and regulations, and in that regard, shall have the same authority
2 and powers conferred by law upon other law enforcement officers of this state;
3 however, no member of the Weights and Standards Stationary Scales Police
4 Force shall be authorized to carry a weapon until the member has received
5 P.O.S.T. certification training.
6 D. The department Department of Transportation and Development shall
7 have sole authority over the issuance of special permits as set forth in R.S. 32:387.
8 The commissioner may facilitate the issuance of permits by the department's truck
9 permit office to place a vehicle or load in compliance with law.
10 E. The commissioner shall provide the personnel and equipment required to
11 fully implement the provisions of the Louisiana Truck Center, Part VI-B of Chapter
12 1 of Title 32 of the Louisiana Revised Statutes, as it relates to the assessment and
13 collection of fees and taxes of this department. Any money made available and
14 received from the Federal Highway Administration, or from any other entity for the
15 purpose of maintaining, improving, or upgrading the stationary or mobile scales shall
16 be used solely for such purpose. The commissioner shall be responsible for
17 maintenance of the buildings and grounds and the stationary scales at stationary scale
18 locations. The department shall be responsible for the maintenance of the roadways
19 and parking lots at the stationary scale locations.
20 §3. Authority of Department of Public Safety and Corrections
21 * * *
22 C. The Weights and Standards Police Force is hereby created within the
23 Department of Public Safety and Corrections, public safety services. It may enforce
24 the provisions of R.S. 32:380 through 388.1, R.S. 32:390, R.S. 47:718, Chapter 4 of
25 Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, the access laws and
26 regulations relative to controlled access highways, and certain other specified
27 statutes and regulations determined by the deputy secretary of the Department of
28 Public Safety and Corrections, public safety services. Members of the Weights and
29 Standards Mobile Police Force may be are authorized to carry weapons and to make
Page 4 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 190
SLS 21RS-337 ORIGINAL
1 arrests in the enforcement of these laws and regulations and may have the same
2 authority and powers conferred by law upon other law enforcement officers of the
3 Department of Public Safety and Corrections upon being duly commissioned as a
4 peace officer by the deputy secretary of the Department of Public Safety and
5 Corrections, public safety services the state; however, no member of the Weights
6 and Standards Mobile Police Force shall be authorized to carry a weapon until the
7 member has received P.O.S.T. certification training and has been duly commissioned
8 as a peace officer by the deputy secretary of the Department of Public Safety and
9 Corrections, public safety services.
10 * * *
11 §388. Penalties; payments
12 A. * * *
13 (3) Each vehicle that is required to stop at a department stationary weight
14 enforcement scale location and which that fails to stop shall be assessed the
15 following penalty:
16 (a) Vehicles with a gross vehicle weight rating of less than twenty-six
17 thousand pounds shall be penalized fined one hundred dollars for failure to stop at
18 a weight scale the department stationary weight scales. This penalty fine shall be
19 in addition to any other penalties fine which may be assessed for other violations.
20 (b) Vehicles with a gross vehicle weight rating of twenty-six thousand
21 pounds or more shall be penalized fined five hundred dollars for failure to stop at a
22 weight scale the department stationary weight scales. This penalty fine shall be
23 in addition to any other penalties fines which may be assessed for other violations.
24 (4) Any vehicle which inadvertently bypasses the department stationary
25 weight scales and returns to the scales voluntarily without the assistance of law
26 enforcement shall not be assessed any penalty for bypassing the scale scales.
27 B.(1)(a) Except as provided in Subparagraphs (b) and (c) of this Paragraph,
28 whoever owns or operates any vehicle or combination of vehicles in violation of any
29 rule, regulation, directive, or requirement of the secretary adopted under R.S.
Page 5 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 190
SLS 21RS-337 ORIGINAL
1 32:386 or in violation of R.S. 32:386 shall be required to reduce the load to the
2 maximum permissible gross weight and shall be assessed a penalty on such weight
3 which exceeds the maximum permissible gross weight as defined by R.S. 32:386 or
4 maximum allowable axle weights, whichever results in the higher fine, in accordance
5 with the following schedule:
6 * * *
7 (4)(a) Whoever owns any business entity engaged in the sale or shipment of
8 construction aggregates requiring a weigh master, not including asphalt, or transfer
9 sales or shipment from rail, barge, or ship to wholesale stockpiles or inventories
10 within a five-mile radius of the point where the shipment was transferred, who
11 violates, or whose driver or contract driver violates any rule, regulation, directive,
12 or requirement of the secretary adopted under R.S. 32:386 or violates R.S. 32:386
13 shall also be assessed a separate penalty for each violation in accordance with the
14 schedule set forth in Paragraph B(1) of this Section Subsection. However,
15 notwithstanding any other provision of this Chapter or any law to the contrary, any
16 such business, or weigh master thereof, who releases a vehicle that is within the
17 maximum permissible gross weight limitations for travel on a state highway shall not
18 be assessed any penalty when said vehicle is found in violation of gross maximum
19 weight limitations while traveling on any interstate highway. For purposes of
20 enforcing this Subsection, any weights and standards or state policeman having
21 reason to believe that such owner is in violation of R.S. 32:386 is authorized to enter
22 and go upon, without formal warrant, any vehicle, stand, place, building, or
23 premises, for the purpose of inspecting only the shipping ticket or tickets issued in
24 connection with the particular load found in violation of R.S. 32:386 by any weights
25 and standards or state policeman police in order to determine whether such sales at
26 the origin of shipment contain the amounts represented and are offered for sale or
27 sold in a manner in accordance with law. The discovery of an overweight vehicle
28 after proper weighing shall constitute "reason to believe" for purposes of this
29 Subsection.
Page 6 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 190
SLS 21RS-337 ORIGINAL
1 * * *
2 C. * * *
3 (3) Nothing contained in this Subsection shall authorize the commissioner or
4 any weights and standards or state policeman to assess any penalty provided for
5 herein for both the failure to possess a required special permit and for operating a
6 vehicle in violation of R.S. 32:386 when arising out of the same activity, and to this
7 extent the penalties provided for in this Subsection shall not be cumulative in nature.
8 * * *
9 F. Payments for penalties imposed by the Department of Transportation
10 and Development and the Department of Public Safety and Corrections, public
11 safety services, shall be remitted to the Transportation Trust Fund. However, any
12 payments for citations for weight limit violations on parish roads in a parish shall be
13 paid to the public works department of said parish.
14 G.(1) All such penalties collected by the secretary and the commissioner
15 shall be paid into the state treasury on or before the twenty-fifth day of each month
16 following their collection and, in accordance with Article VII, Section 9 of the
17 Constitution of Louisiana La. Const. Art. VII, Sec. 9, shall be credited to the Bond
18 Security and Redemption Fund. However, after a sufficient amount of the penalties
19 collected by the secretary and the commissioner is allocated from the fund to pay
20 all obligations secured by the full faith and credit of the state within any fiscal year,
21 the treasurer shall pay an amount equal to the fees paid into the Bond Security and
22 Redemption Fund pursuant to this Paragraph into the Transportation Trust Fund
23 created under Article VII, Section 27 of the Constitution of Louisiana La. Const.
24 Art. VII, Section 27.
25 (2) The Department of Public Safety and Corrections, public safety services
26 Department of Transportation and Development, shall keep a set of books
27 showing from whom every dollar is paid and for what purpose. It also shall keep in
28 its file vouchers or receipts for all monies paid out.
29 §388.1. Penalties; multiple violations
Page 7 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 190
SLS 21RS-337 ORIGINAL
1 Whoever owns or drives any vehicle or combination of vehicles in violation
2 of two or more of the provisions of this Part at any one time shall be assessed the
3 greater or the greatest of the penalties, in the full amount of the penalty. The
4 commissioner department is hereby authorized to promulgate rules and regulations
5 to provide that in addition to assessment of the greater or greatest penalty, the owner
6 or driver shall be assessed a penalty not to exceed ten dollars for each other violation
7 committed at the same time; however, such rules and regulations shall only be
8 promulgated provided the Federal Highway Administration initiates official
9 sanctions which would result in the loss of National Highway System apportionment
10 or other federal funds should such penalties for multiple violations not be provided.
11 §389. Weights and standards stationary scale police; enforcement procedure;
12 payment and collection procedures; administrative review
13 A. The weights and standards stationary scale police force and the state
14 police shall have concurrent authority to enforce the provisions of R.S. 32:380
15 through 388.1 and R.S. 32:390.
16 B. Any weights and standards stationary scale police officer having reason
17 to believe that any vehicle or combination of vehicles exceeds or is in violation of
18 the provisions of R.S. 32:380 through R.S. 32:386 or R.S. 32:388.1 through R.S.
19 32:390, or the terms and conditions of a special permit issued under R.S. 32:387 or
20 regulations of either the Department of Transportation and Development or the
21 Department of Public Safety and Correction, public safety services the department
22 or secretary, adopted pursuant to this Part, is authorized to stop such vehicle or
23 combination of vehicles and to inspect, measure, or weigh such vehicle, either by
24 means of portable or stationary scales, or to require that such vehicle be driven to the
25 nearest available location equipped with facilities to inspect, measure, or weigh such
26 vehicle.
27 (1) Any state policeman having reason to believe that any vehicle or
28 combination of vehicles exceeds or is in violation of the provisions of R.S. 32:380
29 through R.S. 32:386 or R.S. 32:388.1 through R.S. 32:390, or the terms and
Page 8 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 190
SLS 21RS-337 ORIGINAL
1 conditions of a special permit issued under R.S. 32:387 or regulations of the
2 department or secretary adopted pursuant to this Part is authorized to stop such
3 vehicle or combination of vehicles and to inspect or measure such vehicle or to
4 require that such vehicle be driven to the nearest available location equipped with
5 facilities to inspect or measure such vehicle, provided that any state policeman
6 having reason to believe that any vehicle or combination of vehicles exceeds or is in
7 violation of the provisions of R.S. 32:386, any overweight special permit as provided
8 in R.S. 32:387, or the department's regulations adopted pursuant thereto, may escort
9 such vehicle to the nearest permanent or portable scale operated by the department's
10 weights and standards police force, where a weights and standards police officer
11 shall weigh such vehicle and if such vehicle is overweight, is in violation of an
12 overweight special permit, or the department's or secretary's regulations adopted
13 pursuant thereto, shall issue a violation ticket in accordance with Subsection C of this
14 Section.
15 C.(1) Whenever any carrier, common carrier, contract carrier, private carrier,
16 transport vehicle, or driver is found in violation of any provision of this Chapter, the
17 commissioner or secretary shall send the responsible party a "Notice of Violation,
18 Proposed Finding and Proposed Civil Penalty", hereafter referred to as a "notice of
19 violation", within thirty calendar days of the violation.
20 (2)(a) Each notice of violation shall clearly indicate if a monetary penalty is
21 assessed for the violation or if the notice of violation is only a warning. When a
22 monetary penalty is assessed, each notice of violation shall be sent to the responsible
23 party by certificate of mailing. Such notice of violation shall also contain notice that
24 the responsible party shall have forty-five calendar days from the date of issuance
25 of the notice of violation to either pay the monetary penalty for the violation or to
26 request, in writing, an administrative hearing to review the notice of violation. When
27 the amount of the civil penalty is negotiated between the commissioner or secretary
28 and the responsible party, the commissioner or secretary shall send written
29 notification to the responsible party of the amount of the negotiated civil penalty
Page 9 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 190
SLS 21RS-337 ORIGINAL
1 within thirty calendar days of the date of the final negotiation. Such payment shall
2 be made by certified check, money order, or credit card. If made by credit card, the
3 payment shall be deemed received by the commissioner when tendered and an
4 approval code is obtained from the credit card company or credit card processor.
5 (b) The commissioner or secretary shall adopt rules and regulations in
6 accordance with the Administrative Procedure Act, subject to oversight by the House
7 and Senate committees on transportation, highways and public works as are
8 necessary regarding the administrative hearing, including but not limited to rules and
9 regulations regarding notification and the procedure for requesting a hearing
10 provided such rules shall not conflict with the provisions of R.S. 32:388.1.
11 (3) If the commissioner or secretary fails to issue the notice of violation to
12 the responsible party within thirty calendar days of the violation in accordance with
13 the provisions of this Section, the violation shall be dismissed. However, the
14 commissioner shall be granted an additional sixty calendar days to send the
15 responsible party a notice of violation in accordance with the provisions of this
16 Section if he experiences a data system failure caused by either an act of God or an
17 intentional act of sabotage.
18 (4) Any appeal of the findings of the administrative law judge shall be filed
19 in a state district court with proper venue over the matter.
20 D.(1) If a carrier is determined to be the responsible party for a notice of
21 violation by the commissioner or secretary and, if such the carrier fails to pay the
22 assessed penalty within forty-five calendar days of issuance of the notice of
23 violation, or in the case of an administrative hearing, the responsible party fails to
24 pay the assessed fine within thirty calendar days of receiving a notice of final
25 judgment from the administrative law judge, the outstanding penalty amount shall
26 be posted on the commissioner's or secretary's official web site. The outstanding
27 penalty amount for such responsible party shall continue to appear on the web site
28 until all fines and fees are paid in full. The commissioner or secretary shall transmit
29 the vehicle identification number of the offending vehicle for which the notice of
Page 10 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 190
SLS 21RS-337 ORIGINAL
1 violation was written to the office of motor vehicles. The office of motor vehicles
2 shall not renew the registration of the offending vehicle until all fines and fees
3 associated with the notice of violation have been paid in full. Within seven calendar
4 days of receiving documentation from the responsible party that all fines and fees
5 have been paid in full, the commissioner or secretary shall remove the posting of
6 the notice of violation from his web site. Additionally, upon payment of all fines and
7 fees associated with the notice of violation, the office of motor vehicles shall
8 immediately authorize renewal of the vehicle's registration. Such payment shall be
9 made by certified check, money order, or credit card. If made by credit card, the
10 payment shall be deemed received by the commissioner when tendered and an
11 approval code is obtained from the credit card company or credit card processor.
12 (2) If the driver of a motor vehicle is found to be the responsible party for a
13 notice of violation by the commissioner or secretary, the driver shall be responsible
14 for the payment of all fines and fees associated with issuance of the notice of
15 violation. Such payment shall be made by certified check, money order, or credit
16 card. If made by credit card, the payment shall be deemed received by the
17 commissioner or secretary when tendered and an approval code is obtained from the
18 credit card company or credit card processor. If the commissioner or secretary fails
19 to receive payment within forty-five calendar days of issuance of the notice of
20 violation, or in the case of an administrative hearing, the responsible party fails to
21 pay the assessed penalty within thirty calendar days of receiving a notice of final
22 judgment from the administrative law judge, the commissioner or secretary shall
23 transmit the driver's license number to the office of motor vehicles. Upon receipt of
24 the driver's license number, the office of motor vehicles shall immediately notify the
25 driver, by first class mail, that his driver's license shall be suspended thirty calendar
26 days after the date of mailing the notice unless all fines and fees associated with the
27 notice of violation or final judgment from the administrative law judge are paid in
28 full together with notice of the imposition of a fifty-dollar fee by the office of motor
29 vehicles to cover its administrative costs. The driver's license shall remain suspended
Page 11 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 190
SLS 21RS-337 ORIGINAL
1 until all fines and fees associated with the notice of violation or final judgment from
2 the administrative law judge and the fifty-dollar fee for the office of motor vehicles
3 are paid in full. Upon payment of all fines and fees, the office of motor vehicles shall
4 immediately authorize the reinstatement of the driver's license.
5 (3) Motor carriers shall not be responsible for driver violations.
6 E.(1) The commissioner or secretary and any law enforcement officer
7 working for the commissioner or secretary shall be prohibited from seizing a motor
8 vehicle or the registration license plate of a motor vehicle for failing to pay a fine for
9 a notice of violation.
10 (2) In the event a motor vehicle for which a notice of violation has been
11 issued is subsequently sold, the new owner of such vehicle shall not be responsible
12 for any outstanding fines or fees associated with a notice of violation. The new
13 owner of the motor vehicle shall present proper documentation to the commissioner
14 or secretary evidencing the lawful transfer of ownership.
15 F. During a state of emergency declared by the governor, the commissioner
16 or secretary shall be granted an additional sixty calendar days to send the
17 responsible party a notice of violation in accordance with the provisions of this
18 Section. Such extension of time shall terminate not later than sixty days from the
19 date the state of emergency ends.
20 G. Notwithstanding the provisions of this Section, any member of the armed
21 forces, who is in uniform or presents an order for duty and who is operating a
22 military vehicle in the line of duty in violation of any provision of R.S. 32:380
23 through R.S. 32:387, or any regulation adopted pursuant thereto, shall not be
24 required to pay the penalty assessed, nor shall such the member be required to
25 surrender his Louisiana driver's license. However, the owner of the vehicle or the
26 federal government shall pay the penalty within thirty days.
27 H. The failure of any vehicle or combination of vehicles to stop at a weigh
28 facility may be excused if stopping the vehicle or combination of vehicles creates a
29 serious traffic hazard. The commissioner or secretary shall promulgate rules under
Page 12 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 190
SLS 21RS-337 ORIGINAL
1 the provisions of the Administrative Procedure Act to implement the provisions of
2 this Subsection. Such These rules shall define "serious traffic hazard" and shall
3 authorize the use of green traffic signal lights to allow vehicles to pass the weigh
4 facility at such times as vehicles have accumulated on the entrance ramp to the weigh
5 facility to the extent that the vehicles present a traffic hazard. Rules previously
6 adopted by the department shall remain in full force and effect until such time as the
7 commissioner or secretary promulgates rules pursuant to this Subsection. Rules
8 adopted hereunder These rules shall be subject to oversight by the House and Senate
9 committees on transportation, highways and public works.
10 * * *
11 §392. Impounding of vehicles; prohibitions
12 A.(1) Upon discovery of any vehicle operated in violation of this Chapter, the
13 vehicle shall not be impounded but shall may be directed to and followed by the
14 weights and standards police officer or state policeman to the nearest appropriate
15 place suitable for unloading to its licensed gross weight or maximum size
16 requirements as provided in this Chapter and storage of said product to preserve it
17 for its intended use in commerce and in either case shall be detained or unloaded at
18 the expense and responsibility of the owner or driver. The commissioner
19 department shall not detain or impound any vehicle issued a violation ticket for any
20 violation of the provisions of R.S. 32:380 through 387 prior to the final disposition
21 of the violation ticket if the owner or driver is a resident of Louisiana or has a
22 domicile in Louisiana, or has paid the penalty or posted the bond in accordance
23 with the provisions of R.S. 32:389(C). For purposes of this Section, "final
24 disposition" shall be defined as a final conviction, not capable of appeal or
25 review.
26 * * *
27 Section 2. R.S. 36:409(C)(8) is hereby amended and reenacted and R.S. 36:408(B)(3)
28 is hereby enacted to read as follows:
29 §408. Offices; purposes and functions
Page 13 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 190
SLS 21RS-337 ORIGINAL
1 * * *
2 B. * * *
3 (3) Within the office of state police there shall be a Weights and
4 Standards Mobile Police Force which shall perform the functions of the state
5 related to the enforcement of R.S. 32:380 through 388.1, R.S. 32:390, and R.S.
6 47:718, and the provisions of Chapter 4 of Subtitle II of Title 47 relating to
7 trucks, trailers, and semi-trailers and Part V of Chapter 7 of Subtitle II of Title
8 47 of the Louisiana Revised Statutes of 1950 and the department's regulations
9 adopted pursuant thereto.
10 * * *
11 §409. Transfer of agencies to Department of Public Safety and Corrections
12 * * *
13 C. The following agencies, as defined by R.S. 36:3, are transferred to and
14 hereafter shall be within the Department of Public Safety and Corrections, as
15 provided in R.S. 36:802:
16 * * *
17 (8) The Weights and Standards Police Force (mobile units only) (R.S.
18 40:1379.8). The Weights and Standards Police Force shall perform the functions of
19 the state related to the enforcement of R.S. 32:380 through 388, R.S. 32:388.1, R.S.
20 32:390, and R.S. 47:718, and the provisions of Chapter 4 of Subtitle II of Title 47
21 relating to trucks, trailers, and semi-trailers and Part V of Chapter 7 of Subtitle II of
22 Title 47 of the Louisiana Revised Statutes of 1950 and the department's regulations
23 adopted pursuant thereto.
24 * * *
25 Section 3. R.S. 40:1379.8 is hereby amended and reenacted to read as follows:
26 §1379.8. Weights and Standards Mobile Police Force
27 A. The Weights and Standards Mobile Police Force is hereby created within
28 the office of state police of the Department of Public Safety and Corrections, public
29 safety services.
Page 14 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 190
SLS 21RS-337 ORIGINAL
1 B. Members of the Weights and Standards Mobile Police Force who are
2 commissioned by the deputy secretary of the Department of Public Safety and
3 Corrections, public safety services, and who receive P.O.S.T. certification training,
4 are considered peace officers and shall have the authority to enforce the criminal and
5 traffic laws of the state, apprehend criminals and make arrests, and perform other
6 related duties imposed upon them by the legislature. As peace officers, they shall
7 also have, in any part of the state, the same powers with respect to criminal matters
8 and the enforcement of the law relating thereto as sheriffs, constables, and police
9 officers have in their respective jurisdictions. No member of the Weights and
10 Standards Mobile Police Force shall be authorized to carry a weapon until the
11 member has received P.O.S.T. certification training.
12 Section 4. R.S. 47:511.1(B), (C), (D) and (E), 516(A), (B)(2) and (D), 718(B)(1) and
13 (C) and 812(C) are hereby amended and reenacted to read as follows:
14 §511.1. Temporary permits
15 * * *
16 B. The Weights and Standards Police Force of the Department of
17 Transportation and Development is hereby authorized and empowered to issue
18 temporary permits on behalf of the commissioner and to enforce the provisions of
19 this Section.
20 C. If upon inspecting a vehicle or combination of vehicles it is found that it
21 has no temporary permit, the weights and standards stationary scales police officer
22 or other enforcement officer of the commissioner Department of Public Safety may
23 impound the vehicle and may require the operator to purchase forthwith a temporary
24 permit. Two hundred dollars shall be added to the cost of purchasing a temporary
25 permit as a penalty.
26 D. Payments for penalties under this Section shall be remitted to the
27 commissioner Department of Transportation and Development. Such The
28 payment shall be made by certified check, money order, or credit card. If payment
29 is made by credit card, the payment shall be deemed received by the commissioner
Page 15 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 190
SLS 21RS-337 ORIGINAL
1 or secretary when tendered and an approval code is obtained from the credit card
2 company or credit card processor.
3 E. All of such penalties collected by the commissioner or secretary of the
4 Department of Transportation and Development shall be paid into the state
5 treasury on or before the twenty-fifth day of each month following their collection
6 and, in accordance with Article VII, Section 9 of the constitution La. Const. Art.
7 VII, Section 9 shall be credited to the Bond Security and Redemption Fund. After
8 a sufficient amount is allocated from that fund to pay all obligations secured by
9 the full faith and credit of the state which become due and payable within any
10 fiscal year, the treasurer shall pay an amount equal to the fees paid into the
11 Bond Security and Redemption Fund pursuant to this Subsection into the
12 Transportation Trust Fund.
13 * * *
14 §516. Vehicles improperly licensed; weighing, inspections and investigations;
15 purchase of proper license required; penalty
16 A. The commissioner, or the division of state police, weights and standards
17 police officers, of the Department of Transportation and Development or other
18 proper legal authority, shall have the right and power at any time and place to
19 investigate, in any lawful manner, and inspect, at any time and place, any vehicle,
20 with respect to its registration, license, tax payment or other manner or thing
21 contemplated by or provided for in this Chapter. To that end the commissioner may
22 select, appoint or designate inspectors, acquire the necessary scales or other
23 equipment incident to their functioning, and where necessary may cause the owner
24 or driver of any vehicle to move the same or cause it to be moved, forthwith, to the
25 nearest scales available in the direction of destination.
26 B. * * *
27 (2) Twenty-five percent of the annual price of the license or registration shall
28 be added to the cost of purchasing the same as a penalty, which shall be in lieu of the
29 penalties directed to be imposed by R.S. 47:508. There shall be credited against the
Page 16 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 190
SLS 21RS-337 ORIGINAL
1 price of this license or registration the price of the license or registration on the
2 vehicle at the time of its unlawful operation. However, in lieu of impoundment and
3 immediate purchase of license and registration, a Department of Transportation
4 and Development stationary weights and standards police scales enforcement
5 officer may issue a violation ticket in the amount of seventy-five dollars, in addition
6 to any overweight penalties due as provided by R.S. 32:388, to any operator
7 possessed of an improper Louisiana license and registration.
8 * * *
9 D. Whoever violates his promise to appear, purchase license plate and
10 registration and pay any penalty assessed under Subsections B and C of this section
11 shall be punished by a fine of not more than five hundred dollars, or by
12 imprisonment for not more than ninety days, or both, and the driver's license or
13 license plate shall be forwarded to the commissioner Department of Public Safety
14 for suspension, revocation, and cancellation.
15 * * *
16 §718. Gasoline or motor fuel imported in a vehicle's reservoir and used within this
17 state
18 * * *
19 B.(1) In order to enforce the provisions of this Section, the secretary or his
20 authorized representative, or any commissioned officer employed by the Department
21 of Public Safety and Corrections, public safety services, office of state police or by
22 the Department of Transportation and Development is empowered to stop any
23 motor vehicle which appears to be operating with gasoline or motor fuel for the
24 purpose of examining the invoices and for such other investigative purposes
25 reasonably necessary to determine whether the vehicle is being operated in
26 compliance with the provisions of this Section.
27 * * *
28 C. All penalties collected for violation of this Section shall be paid to the
29 deputy secretary of the Department of Public Safety and Corrections, public safety
Page 17 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 190
SLS 21RS-337 ORIGINAL
1 services, or the Department of Transportation and Development, whichever
2 agency issued the violation ticket, who shall pay said penalties into the state
3 treasury on or before the twenty-fifth day of each month following their collection
4 and, in accordance with Article VII, Section 9 of the Constitution of Louisiana shall
5 be credited to the Bond Security and Redemption Fund. After a sufficient amount is
6 allocated from that fund to pay all obligations secured by the full faith and credit of
7 the state which become due and payable within any fiscal year, the treasurer shall
8 pay an amount equal to the fees paid into the Bond Security and Redemption Fund
9 pursuant to this Subsection into the Transportation Trust Fund.
10 * * *
11 §812. Violations; cargo tank to carburetor connection; operation without
12 speedometer or hub meter; operation without name and address on
13 trucks; invoice
14 * * *
15 C. All specific penalties collected by the Department of Public Safety and
16 Corrections, public safety services, or the Department of Transportation and
17 Development in accordance with this Part shall be paid to the deputy secretary of the
18 Department of Public Safety and Corrections, public safety services, or the
19 Department of Transportation and Development, whichever agency issued the
20 violation ticket or notices, who shall pay said penalties into the state treasury on or
21 before the twenty-fifth day of each month following their collection and, in
22 accordance with Article VII, Section 9 of the Constitution of Louisiana, such funds
23 shall be credited to the Bond Security and Redemption Fund. After a sufficient
24 amount is allocated from that fund to pay all obligations secured by the full
25 faith and credit of the state which become due and payable within any fiscal
26 year, the treasurer shall pay an amount equal to the fees paid into the Bond
27 Security and Redemption Fund pursuant to this Subsection into the
28 Transportation Trust Fund.
29 Section 5. R.S. 32:2(E), 388 (C)(3), and Sections 6 through 14 of Act No. 320 of the
Page 18 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 190
SLS 21RS-337 ORIGINAL
1 2010 Regular Session of the Legislature are hereby repealed.
2 Section 6. The items that are currently necessary to the duties and responsibilities
3 currently performed by the Department of Public Safety and Corrections, public safety
4 services for carrying out the functions, duties, and responsibilities of the previously
5 constituted Weights and Standards Stationary Scales Police Force are transferred to the
6 Department of Transportation and Development.
7 Section 7. All rules and regulations adopted or permits, licenses, registrations,
8 variances, or orders issued by the effective date of this Act shall continue in full force unless
9 otherwise revoked, repealed, amended, modified, or terminated in accordance with law.
10 However, the secretary of the Department of Transportation and Development shall act to
11 adopt such rules and regulations as are necessary to the function of the Weights and
12 Standards Police Force.
13 Section 8. Any legal proceeding, the statutory provisions for which are amended or
14 repealed by the provisions of this Act, to which any agency or office is a party and that is
15 filed, initiated, or otherwise pending before any court or hearing agency on the effective date
16 of this Act, and all documents involved or affected by said legal proceeding shall retain their
17 effectiveness and shall be continued in the name of the former agency. All further legal
18 proceedings shall be in the name of the original party agency and the Department of
19 Transportation and Development shall be substituted for the original party agency without
20 the necessity for amendment of any document to substitute the name of the department or
21 the name or title of any subdivision or section of the department.
22 Section 9. All employees engaged in the performance of the functions of the Weights
23 and Standards Stationary Scales Police Force, the provisions of which are amended or
24 transferred by this Act, are hereby assigned to the Department of Transportation and
25 Development and, shall insofar as practicable and necessary continue to perform duties
26 heretofore assigned, subject to applicable state civil service laws, rules, and regulations.
27 Section 10. The provisions of this Act shall not be construed in any manner that will
28 impair the contractual or other obligations of any agency, office, or department of this state.
29 Section 11. Any reference to the Weights and Standards Stationary Scales Police
Page 19 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 190
SLS 21RS-337 ORIGINAL
1 Force or Weights and Standards Mobile Police Force, in any provision of law, including but
2 not limited to provisions of Chapters 4 and 7 of Subtitle II of Title 47 of the Louisiana
3 Revised Statutes of 1950, shall be understood to refer to the Weights and Standards Police
4 Force of the Department of Transportation and Development and the Louisiana State Law
5 Institute shall make the necessary statutory changes in order to comply with the provisions
6 of this Section.
7 Section 12. All rules and regulations promulgated by the Department of
8 Transportation and Development relative to weight enforcement, payment, and collection
9 procedures shall be adopted in accordance with the provisions of the Louisiana
10 Administrative Procedure Act. These rules and regulations shall make reference to the
11 Sections or Subsections which they may interpret or apply.
12 Section 13. This Act shall become effective on July 1, 2022.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Xavier I. Alexander.
DIGEST
SB 190 Original 2021 Regular Session Smith
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".
Proposed law defines weights and standards mobile 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 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.
Page 20 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 190
SLS 21RS-337 ORIGINAL
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 Mobile Police Force (mobile 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 secretary of DOTD.
Proposed law removes the requirement of the commissioner to provide the personnel and
equipment to fully implement the provisions to collect fees and taxes.
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 the 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 the driver is the responsible party; provides
for notice of suspension of license within 30 days unless all penalties and fees are paid;
provides for a $50 fee to OMV to cover administrative cost; provides that motor carriers
shall not be responsible for driver violations.
Present law provides that any vehicle operated in violation of this Chapter shall be
impounded.
Proposed law provides that any vehicle operated in violation of this Chapter may be
impounded and the department shall not detain or impound any vehicle issued a violation
if the owner or driver is a resident of Louisiana or has a domicile in Louisiana or has paid
the penalty or posted the bond in accordance with R.S. 32:389(C).
Proposed law provides that within the office of state police there shall be a Weights and
Standards Mobile Police Force to enforce functions related to R.S. 32:380 - 388.1, R.S.
32:390, and R.S. 47:718.
Present law provides that all penalties collected by the commissioner shall be paid into the
state treasury on or before the 25th day of each month, following their collection, to be
credited to the Bond Security and Redemption Fund.
Proposed law retains present law and provides that all penalties collected by the
commissioner or secretary of the Department of Transportation and Development and after
a sufficient amount is allocated from the Bond Security and Redemption Fund, the treasurer
shall pay an amount equal to the fees paid into the Bond Security and Redemption Fund into
the Transportation Trust Fund.
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.
Page 21 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 190
SLS 21RS-337 ORIGINAL
Effective July 1, 2022.
(Amends R.S. 32:1(1),(10) and (108), 2(D), 3(C), 388(A)(3) and (4), (B)(1)(a)(intro para),
(B)(4)(a), (F), and (G), 388.1, 389, and 392(A)(1), and R.S. 36:409(C)(8), 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(108.1) and 2(B) and (C) and R.S. 36:408(B)(3); repeals R.S. 32:2(E),
388(C)(3), and Sections 6-14 of Act No. 320 of the 2010 R.S.)
Page 22 of 22
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.