FOR AN ACT ENTITLED, An Act to  authorize the examination and use of commercial vehicle weigh scale tickets in the enforcement of vehicle weight restrictions and to revise certain provisions regarding penalties for violations of such restrictions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     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:

     The driver of any vehicle and any person who directly supervises the loading of the vehicle are jointly and severally liable for the payment of any civil penalty provided by law for a violation of chapter 32-22, if such person or driver knew the hauling of the shipment was in violation of chapter 32-22.
     Section  4.  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  5.  That chapter 32-22 be amended by adding thereto a NEW SECTION to read as follows:

     Any county highway superintendent or municipal street superintendent may inspect any scale ticket issued by any weight 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.

---

BILL HISTORY
1/12/99 First read in Senate and referred to Transportation.   S.J.   26
1/21/99 Scheduled for Committee hearing on this date.
1/28/99 Scheduled for Committee hearing on this date.
2/11/99 Scheduled for Committee hearing on this date.
2/11/99 Transportation Deferred to another day.
2/16/99 Scheduled for Committee hearing on this date.
2/18/99 Transportation Hog Housed.
2/18/99 Scheduled for Committee hearing on this date.
2/18/99 Transportation Do Pass Amended, Passed, AYES 4, NAYS 3.   S.J.   536
2/19/99 Motion to Amend, Passed.   S.J.   597
2/19/99 Motion to Amend, Passed.   S.J.   597
2/19/99 Senate Do Pass Amended, Passed, AYES 30, NAYS 3.   S.J.   597