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.
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.
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.)