HASBSB190 TYLERT 2859
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 190 2021 Regular Session Smith
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
TRANSPORTATION/DEV DEPT. Transfers stationary weight enforcement to
DOTD. (7/1/22)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Makes technical amendments.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
SB 190 Reengrossed 2021 Regular Session Smith
Proposed law transfers the operation and maintenance of the stationary weight enforcement
scale locations 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 Stationary Scales 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.
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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 or secretary 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 or secretary'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 that after a sufficient amount of penalties collected by the commissioner
is allocated to the fund to pay all obligations secured by the full faith and credit of the state
within any fiscal year, the treasurer shall pay an amount equal to the penalties into the Bond
Security and Redemption Fund into the Transportation Trust Fund.
Proposed law specifics that after a sufficient amount is allocated from the fund to pay all
obligations secured by the state, which becomes due and payable within any fiscal year, 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),(16) 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
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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.)
______________________
Thomas L. Tyler
Deputy Chief of Staff
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