1.1.................... moves to amend H.F. No. 1725 as follows:
1.2Page 1, line 19, delete "
may" and insert "
must"
1.3Page 2, delete section 2 and insert:
1.4 "Sec. 2. Minnesota Statutes 2016, section 169.871, subdivision 1, is amended to read:
1.5 Subdivision 1.
Civil liability. (a) The owner or lessee of a vehicle that is operated with
1.6a gross weight in excess of a weight limit imposed under sections
169.823 to
169.829
1.7169.8295,
169.84 to
169.851, and
169.87 or a shipper who ships or tenders goods for
1.8shipment in a single truck or combination vehicle that exceeds a weight limit imposed
under
1.9sections
169.823 to
169.829 169.8295,
169.84 to
169.851, and
169.87 is liable for a civil
1.10penalty as follows:
1.11(1) if the total gross excess weight is not more than 1,000 pounds, one cent per pound
1.12for each pound in excess of the legal limit;
1.13(2) if the total gross excess weight is more than 1,000 pounds but not more than 3,000
1.14pounds, $10 plus five cents per pound for each pound in excess of 1,000 pounds;
1.15(3) if the total gross excess weight is more than 3,000 pounds but not more than 5,000
1.16pounds, $110 plus ten cents per pound for each pound in excess of 3,000 pounds;
1.17(4) if the total gross excess weight is more than 5,000 pounds but not more than 7,000
1.18pounds, $310 plus 15 cents per pound for each pound in excess of 5,000 pounds;
1.19(5) if the total gross excess weight is more than 7,000 pounds, $610 plus 20 cents
per
1.20pound for each pound in excess of 7,000 pounds.
1.21(b) Notwithstanding any other law to the contrary, if a person found guilty of a violation
1.22of a weight limit imposed under this section or sections
169.823 to
169.829 169.8295,
1.23169.84
to
169.851, or
169.87 is also found by the court to have knowingly and
1.24contemporaneously attempted to evade a fixed weigh station or to otherwise avoid weighing
2.1by means of stationary scales under section
169.85 or other law, the court
shall must impose
2.2a penalty of twice the amount otherwise authorized under paragraph (a).
2.3(c) Any penalty imposed upon a defendant under this subdivision
shall must not exceed
2.4the penalty prescribed by this subdivision. Any fine paid by the defendant in a criminal
2.5overweight action that arose from the same overweight violation
shall be is applied toward
2.6payment of the civil penalty under this subdivision. A peace officer or Department
of Public
2.7Safety employee described in section
299D.06 who cites a driver for a violation of the
2.8weight limitations established by sections
169.81 to
169.851 and
169.87 shall must give
2.9written notice to the driver that the driver or another may also be liable for the
civil penalties
2.10provided herein in the same or separate proceedings.
2.11(d) A penalty imposed upon the owner or lessee of a vehicle that is based on violations
2.12identified by the use of shippers' weight records under section
169.872 must not exceed an
2.13aggregate of $10,000.
2.14EFFECTIVE DATE.This section is effective the day following final enactment."
2.15Amend the title accordingly