75th Legislative Session -- 2000

Committee: Senate Transportation

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Flowers
P      Madden
P      Moore
P      Shoener
E      Symens
P      Vitter, Vice-Chair
P      Munson (David), Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Munson

MOTION:      TO APPROVE THE MINUTES OF LAST MEETING

Moved by:      Senator Shoener
Second by:      Senator Madden
Action:      Prevailed by voice vote.

          HCR 1006:   Requesting the designation of a portion of U.S. Highway 83 as Pearl Harbor Memorial Highway.

Presented by:      Representative Hennies
Proponents:      Senator Ham

MOTION:      THAT HCR1006 BE CONCURRED IN

Moved by:      Senator Moore
Second by:      Senator Vitter
Action:      Prevailed by roll call vote.   (6-0-1-0)

Voting yes:      Flowers, Madden, Moore, Shoener, Vitter, Munson (David)

Excused:      Symens

MOTION:      PLACE HCR1006 ON CONSENT

Moved by:      Senator Shoener
Second by:      Senator Madden
Action:      Prevailed by voice vote.

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          HB 1206:   prohibit the possession of certain highway markers, signs, or control devices.



MOTION:      REMOVE HB 1206 FROM TABLE

Moved by:      Senator Madden
Second by:      Senator Flowers
Action:      Prevailed by roll call vote.   (4-2-1-0)

Voting yes:      Flowers, Madden, Shoener, Vitter

Voting no:      Moore, Munson (David)

Excused:      Symens

MOTION:      AMEND HB 1206

1206oa

     On the House Judiciary committee engrossed bill, delete everything after the enacting clause and insert:

"      Section  1.  That § 32-22-55 be amended to read as follows:

     32-22-55.   Any person who is convicted of the offense of operating a motor vehicle upon the public highways of this state with weight upon any wheel, axle, or groups of axles or upon more than one thereof greater than the maximum permitted by  § §   32-22-2 to 32-22-33, inclusive, 32-22-47 , and 32-22-48 shall be fined in addition to, and not in substitution for, any other penalties now provided by law for such offense , in addition to any criminal penalty provided by law for such offense, shall be assessed a civil penalty in the following amounts:

             (1)     In an amount equal to five cents per pound for each pound of such excess or combined excess weight over one thousand pounds if such excess is three thousand pounds or less . ;

             (2)     In an amount equal to fifteen cents per pound for each pound of such excess or combined excess weight if such excess exceeds three thousand pounds and is four thousand pounds or less . ;

             (3)     In an amount equal to twenty-two and one-half cents per pound for each pound of such excess or combined excess weight if such excess exceeds four thousand pounds and is five thousand pounds or less . ;

             (4)     In an amount equal to thirty-seven and one-half cents per pound for each pound of such excess or combined excess weight if such excess is more than five thousand pounds.

     The fine civil penalty schedule in this section is assessed at a single rate according to the cents per pound penalty for the highest weight violation. Fifty percent of any civil penalty collected pursuant to this section shall be deposited in the local government highway and bridge fund as created in §  32-11-34.

Fifty percent of any civil penalty collected pursuant to this section shall be transmitted to the county treasurer of the county in which the civil penalty was collected to be distributed among and between all of the public schools in such county in proportion to the average daily membership of children residing in the school districts as certified by the division of education services and resources.

     Section  2.  That § 23A-27-25 be amended to read as follows:

     23A-27-25.   All fines and pecuniary penalties, other than forfeitures provided for in §  23A-43-23, costs as provided in § §  23-3-52, 23A-27-26 , and 23A-27-27, restitution and civil penalties assessed under the state's overweight vehicle and environmental laws, for the violation of any state law, when collected, shall be paid into the treasury of the proper county, the net proceeds of which shall be applied and used each year for the benefit of the public schools of this state. "

Moved by:      Senator Madden
Second by:      Senator Flowers
Action:      Prevailed by roll call vote.   (4-2-1-0)

Voting yes:      Flowers, Madden, Shoener, Vitter

Voting no:      Moore, Munson (David)

Excused:      Symens

MOTION:      TO AMEND TITLE OF HB 1206

1206ota

     On page 1 , line 1 of the House Judiciary committee engrossed bill , delete everything after " to " and insert " establish certain civil penalties for overweight vehicle violations and to provide for the disposition of the civil penalties. " .

     On page 1 , delete line 2 .

Moved by:      Senator Madden
Second by:      Senator Shoener
Action:      Prevailed by voice vote.

MOTION:      ADJOURN

Moved by:      Senator Shoener
Second by:      Senator Madden
Action:      Prevailed by voice vote.

Ryan Olson

Committee Secretary