Senate Daily Journal - Louisiana

Page 50 SENATE
June 14, 2001
42nd DAY'S PROCEEDINGS
AMENDMENT NO. 3
to and followed by the weights and standards police officer or state
On page 1, line 10, delete "and 389(D)" and insert ", 389(C)(2) and policeman to the nearest appropriate place suitable for unloading to
(D), and 392(A)"
its licensed gross weight or maximum size requirements as provided
in this Chapter and storage of said product to preserve it for its
AMENDMENT NO. 4
intended use in commerce and in either case shall be detained or
On page 2, between lines 9 and 10, insert the following:
unloaded at the expense and responsibility of the owner or driver.
The department shall not detain or impound any vehicle issued a
"C. * * * citation for any violation of the provisions of R.S. 32:380 through
(2) Upon issuance of the violation ticket citation, the owner or 387 prior to the final disposition of the citation if the owner or driver
driver shall receive notification from the weights and standards is a resident of Louisiana or has a domicile in Louisiana, or has paid
stationary scale police officer that the penalty shall be paid within the penalty or posted the bond in accordance with this Section. For
thirty days of issuance of the citation or that the owner or driver may purposes of this Section, "final disposition" shall be defined as a final
request an agency review of the penalty within thirty days of conviction, not capable of appeal or review.
issuance of the citation. The owner or driver shall pay forthwith the (2) When used in this Subsection, the following words and
penalty assessed with certified check, cashier's check, money order phrases have the following meanings:
or department approved credit card to the weights and standard (a) "Minor traffic violation" means phrase "minor traffic
police officer or state policeman. The secretary may establish credit violation" shall mean any violation of the Highway Regulatory Act
accounts for violators, if each violator provides the department a cash as provided for in Title 32 of the Louisiana Revised Statutes of 1950.
deposit in the minimum amount of five thousand dollars or any However, R.S. 32:380 through 387, inclusively, are exempted from
amount in excess thereof fixed by the secretary to guarantee payment this definition.
of said account. However, any driver of any vehicle registered in (b) "Perishable products" means products which are subject to
Louisiana, who is lawfully possessed of a valid Louisiana driver's lose their commercial value or decay in a short period of time,
license, as provided in Subsection A of R.S. 32:411, in lieu of including but not limited to agricultural or seafood products and
immediate payment may deposit said license with the state concrete.
policeman or the weights and standards police officer, who shall issue (c) "Products once loaded which become indivisible" means
said driver a receipt for the license on a form approved or provided products divisible by nature, but which become indivisible once
by the department. The receipt shall notify the owner and driver in loaded upon a vehicle because the required manner or method of
writing to appear at a time and place to pay the penalty assessed and unloading would be such that the entire load or portion of the load
secure the return of the driver's license. This receipt shall be required to be unloaded could not be preserved for its intended use in
considered as a valid driver's license for a period not to exceed thirty commerce, or which endangers the public safety, including but not
days. An owner or driver who is a resident of Louisiana or who has limited to forest products in their natural state.
a domicile in Louisiana shall be required to, within thirty days of the * * *
date of the citation, either pay the penalty or request an agency Section 2. R.S. 32:392(C) is hereby repealed."
review. An owner or driver who is not a resident of Louisiana or who
does not have a domicile in Louisiana shall be required to either pay On motion of Senator McPherson, the amendments were
the penalty at the time the citation is issued or post a bond equal to adopted.
the amount of the penalty, which bond shall be forfeited if, within
thirty days of the date of the citation, the penalty has not been paid The bill was read by title. Senator Schedler moved final passage
or an agency review has not been requested. The department shall of the amended bill.
not detain or impound any vehicle issued a citation for any violation
of the provisions of R.S. 32:380 through 387 prior to the final
disposition of the citation 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 this Section. For purposes of
this Section, "final disposition" shall be defined as a final conviction,
not capable of appeal or review.
ROLL CALL
The roll was called with the following result:
YEAS
* * *"
AMENDMENT NO. 5
On page 3, after line 10, insert the following:
"§392. Impounding of vehicles authorized; prohibitions
A.(1) Upon discovery of any vehicle operated in violation of
this Chapter, except in any case in which the offense is a minor traffic
violation only, the vehicle may be impounded forthwith by any state
policeman, any authorized representative of the commissioner, any
peace officer, or weights and standards police officer of the
department except that any overweight or oversize vehicle registered
in Louisiana and carrying perishable products or products once loaded
which become indivisible shall not be impounded but shall be directed
Mr. President Fontenot Marionneaux
Barham Gautreaux McPherson
Boissiere Heitmeier Michot
Cain Hines Mount
Campbell Hollis Romero
Chaisson Hoyt Schedler
Cravins Irons Smith
Dardenne Johnson Tarver
Dean Jones, B Theunissen
Dupre Jones, C Thomas
Ellington Lambert Ullo
Fields, C
Fields, W
Total—37
Lentini
Malone