Committee: Senate Transportation
MOTION:
TO APPROVE THE MINUTES OF February 16, 1999
Moved by:
Senator Shoener
Second by:
Senator Madden
Action:
Prevailed by voice vote.
SB 59:
authorize the examination and use of commercial vehicle weigh scale
tickets in the enforcement of vehicle weight restrictions.
Proponents:
Dick Howard, SD Assoc. Of County Commissioners
R. Van Johnson, SDTA
Opponents:
Jerry Weinheimer, Farmer
Ervin Simonson, Farmer
Kent Kinkler, Farmer
Phil Cyre, SDFU
J.R. Rausch, Oahe Grain
Jeff Weinheimer, Farmer
Jerry Zebroski, Farmer
Allen Weinheimer, Farmer
Jerry Freudenthal, Oahe Grain
Presented by:
Dave Knudsen, Governor's Office
"
Section 1. That chapter 32-22 be amended by adding thereto a NEW SECTION to read as
follows:
The Department of Transportation shall inspect all scale tickets issued by any weigh scale
operator for a vehicle being used in connection with the construction, repair, or maintenance of a
public highway pursuant to a contract administered by the Department of Transportation for
compliance with the weight limitations imposed by this chapter. The Department of Transportation
shall report any offenders to the Department of Commerce and Regulation.
Section 2. That
§
32-2-8.1
be amended to read as follows:
32-2-8.1.
Arrest powers for motor carrier inspectors employed by the Division of Highway Patrol
are limited to violations of chapters 10-47A, 32-5, 32-9, 32-10, 32-12, 32-22, 49-28, and 49-28A and
§
§
50-4-13 to 50-4-17, inclusive,
and
§
32-33-17,
and the rules governing operation of motor
carriers. Motor carrier inspectors who have been given such limited arrest powers are not considered
"
law enforcement officers
"
for the purposes of
§
23-3-27.
Section 3. That chapter 32-22 be amended by adding thereto a NEW SECTION to read as
follows:
Any agent, patrolman, motor carrier inspector, or employee of the Department of Commerce
and Regulation may enter any place maintaining a vehicle scale used in commercial trade and inspect
and take copies of any scale ticket issued within the last six months by the agency performing the
weighing service in accordance with chapter 37-22A.
Section 4. That chapter 32-22 be amended by adding thereto a NEW SECTION to read as
follows:
Both the driver of the vehicle and the shipper of the vehicle's load shall be jointly and severally
liable for the payment of any civil penalties provided by law for a violation of chapter 32-22.
Section 5. That
§
32-22-56
be amended to read as follows:
32-22-56.
In any case where the motor vehicle is absolutely overweight beyond
the greatest
permissible compensation plate weights for a vehicle of its class
ten thousand pounds
, the pounds
by which the vehicle is so overweight
may
shall
be assessed at double the penalties prescribed in
§
32-22-55.
"
"
Section 1. That chapter 32-22 be amended by adding thereto a NEW SECTION to read as
follows:
The Department of Transportation shall inspect all scale tickets issued by any weigh scale
operator for a vehicle being used in connection with the construction, repair, or maintenance of a
public highway pursuant to a contract administered by the Department of Transportation for
compliance with the weight limitations imposed by this chapter. The Department of Transportation
shall report any offenders to the Department of Commerce and Regulation.
Section 2. That
§
32-2-8.1
be amended to read as follows:
32-2-8.1.
Arrest powers for motor carrier inspectors employed by the Division of Highway Patrol
are limited to violations of chapters 10-47A, 32-5, 32-9, 32-10, 32-12, 32-22, 49-28, and 49-28A and
§
§
50-4-13 to 50-4-17, inclusive,
and
§
32-33-17,
and the rules governing operation of motor
carriers. Motor carrier inspectors who have been given such limited arrest powers are not considered
"
law enforcement officers
"
for the purposes of
§
23-3-27.
Section 3. That chapter 32-22 be amended by adding thereto a NEW SECTION to read as
follows:
Any agent, patrolman, motor carrier inspector, or employee of the Department of Commerce
and Regulation may enter any place maintaining a vehicle scale used in commercial trade and inspect
and take copies of any scale ticket issued within the last six months by the agency performing the
weighing service in accordance with chapter 37-22A.
Section 4. That chapter 32-22 be amended by adding thereto a NEW SECTION to read as
follows:
Both the driver of the vehicle and the shipper of the vehicle's load shall be jointly and severally
liable for the payment of any civil penalties provided by law for a violation of chapter 32-22.
Section 5. That
§
32-22-56
be amended to read as follows:
32-22-56.
In any case where the motor vehicle is absolutely overweight beyond
the greatest
permissible compensation plate weights for a vehicle of its class
ten thousand pounds
, the pounds
by which the vehicle is so overweight
may
shall
be assessed at double the penalties prescribed in
§
32-22-55.
"
Any county highway superintendent or municipal street superintendent may inspect any scale
ticket issued by any wight scale operator for a vehicle being used in connection with removal of
construction aggregate from a county-permitted gravel pit or for the construction, repair, or
maintenance of a public highway pursuant to a contract administered by the county or the
municipality for compliance with the weight limitations imposed by this chapter."
Moved by:
Senator Shoener
Second by:
Senator Vitter
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 59 AS AMENDED
Moved by:
Senator Shoener
Second by:
Senator Madden
Action:
Prevailed by roll call vote.
(4-3-0-0)
Voting yes:
Madden, Shoener, Vitter, Munson (David)
Voting no:
Flowers, Moore, Symens
MOTION:
TO AMEND TITLE OF SB 59
"
Section 2. This Act does not become effective until
§
10-28-21.1 is repealed.
"
"
Section 2. Any civil penalty assessed pursuant to
§
32-22-55 shall be treated as a fine collected
for violations of state laws and shall be paid to the treasurer of the county in which imposed and
distributed among and between all of the several public schools incorporated in such county in
proportion to the number of children in each, of school age, as fixed by law pursuant to Article VIII,
section 3, of the South Dakota Constitution.
"
Carol A. Glass