HLS 10RS-323 ORIGINAL Page 1 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2010 HOUSE BILL NO. 886 BY REPRESENTATIVES HARRISON, DOVE, AND ST. GERMAIN AND SENATOR N. GAUTREAUX ENVIRONMENT: Provides for litter abatement and enforcement and education programs AN ACT1 To amend and reenact R.S. 30:2506(A)(introductory paragraph) and (B) and 2507(A), R.S.2 32:412(A)(1), (2), (5), and (6), (B)(1), (2), and (7)(e)(i)(cc) and (ee) and (ii)(cc) and3 (ee), R.S. 36:605(B)(4)(a), and R.S. 47:463.43(A), (D), and (E), to enact R.S.4 56:10(B)(14), and to repeal Section 3 of Act No. 527 of the 2003 Regular Session,5 Act No. 363 of the 2004 Regular Session, Act No.190 of the 2007 Regular Session,6 R.S. 30:2504 and 2511, and R.S. 36:609(B)(4), relative to litter abatement,7 enforcement, and education; to provide for the Louisiana Environmental Education8 Commission; to provide for the responsibility and duties of the Department of9 Wildlife and Fisheries; to provide litter abatement and enforcement; to provide for10 education programs; to abolish the environmental education division within the11 Department of Wildlife and Fisheries; to provide for special license plates; to12 provide for the disposition of certain funds collected from driver's license issuance13 and renewal and special license plates; and to provide for related matters.14 Be it enacted by the Legislature of Louisiana:15 Section 1. R.S. 30:2506(A)(introductory paragraph) and (B) and 2507(A) are hereby16 amended and reenacted to read as follows:17 §2506. Curriculum framework18 A. The commission and the office of environmental education shall work19 with the Department of Education to develop a curriculum framework for20 HLS 10RS-323 ORIGINAL HB NO. 886 Page 2 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. establishing environmental education programs in all public and private elementary1 and secondary schools. The program shall integrate environmental concepts and2 skills into regular curricula, which include:3 * * *4 B. The commission and the office of environmental education shall work5 with the Department of Education to implement an environmental education program6 in grades K through twelve.7 * * *8 §2507. Pre-service teacher education9 A. The commission and the office of environmental education shall work10 with members of teacher education institutions, colleges and universities, and the11 Board of Regents to develop guidelines for incorporating environmental education12 into teacher education requirements.13 * * *14 Section 2. R.S. 32:412(A)(1), (2), (5), and (6), (B)(1), (2), and (7)(e)(i)(cc) and (ee)15 and (ii)(cc) and (ee) are hereby amended and reenacted to read as follows: 16 §412. Amount of fees; credit or refund; duration of license; disbursement of funds;17 renewal by mail or electronic commerce of Class "D" or "E" drivers' licenses;18 disposition of certain fees; exception19 A.(1) Every applicant for a Class "D" driver's license, or for a renewal of a20 Class "D" driver's license, except those bona fide residents of cities having a21 population in excess of four hundred fifty thousand, shall pay for such basic license22 a fee of twenty-e ight dollars and fifty cents. Seven dollars and forty-three cents of23 the fee shall be paid to the State Police Pension and Retirement Fund. One dollar of24 the fee shall be forwarded by the department to the office of environmental education25 litter abatement and education account which is created within the Conservation26 Fund through the provisions of R.S. 56:10(B)(14).27 (2) The fee for Class "D" drivers' licenses, or renewal of a Class "D" driver's28 license, issued to bona fide residents of municipalities having a population in excess29 HLS 10RS-323 ORIGINAL HB NO. 886 Page 3 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. of four hundred fifty thousand shall be thirty-six dollars, ten dollars of which fee1 shall be payable by the department to the board of trustees of the police pension fund2 of such municipalities. One dollar and twenty-three cents of the fee shall be paid to3 the State Police Pension and Retirement Fund. One dollar of the fee shall be4 forwarded by the department to the office of environmental education litter5 abatement and education account which is created within the Conservation Fund6 through the provisions of R.S. 56:10(B)(14).7 * * *8 (5) Every applicant for a Class "E" driver's license, or for a renewal of a9 Class "E" driver's license, except those bona fide residents of cities having a10 population in excess of four hundred fifty thousand, shall pay for such basic license11 a fee of thirteen dollars and fifty cents, which shall be the cost of such basic license.12 Three dollars and seventy-five cents of the fee shall be paid to the State Police13 Pension and Retirement Fund. One dollar of the fee shall be forwarded by the14 department to the office of environmental education litter abatement and education15 account which is created within the Conservation Fund through the provisions of16 R.S. 56:10(B)(14).17 (6) The fee for a Class "E" driver's license, or renewal of a Class "E" driver's18 license, issued to bona fide residents of municipalities having a population in excess19 of four hundred fifty thousand shall be thirteen dollars and fifty cents, two dollars20 and fifty cents of which fee shall be paid by the department to the board of trustees21 of the police pension funds of such municipalities. Two dollars and fifty cents of the22 fee shall be paid to the State Police Pension and Retirement Fund. One dollar of the23 fee shall be forwarded by the department to the office of environmental education24 litter abatement and education account which is created within the Conservation25 Fund through the provisions of R.S. 56:10(B)(14).26 * * *27 B.(1) Every applicant for a Class "A", "B", or "C" commercial driver's28 license, or for a renewal of a basic Class "A", "B", or "C" commercial driver's29 HLS 10RS-323 ORIGINAL HB NO. 886 Page 4 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. license, except for those bona fide residents of cities having a population in excess1 of four hundred fifty thousand, shall pay for such basic license a fee of forty-one2 dollars. Ten dollars and eighty cents of the fee shall be paid to the State Police3 Pension and Retirement Fund. One dollar of the fee shall be forwarded by the4 department to the office of environmental education litter abatement and education5 account which is created within the Conservation Fund through the provisions of6 R.S. 56:10(B)(14).7 (2) The fee for a basic Class "A", "B", or "C" commercial driver's license,8 or for the renewal of a basic Class "A", "B", or "C" commercial driver's license,9 issued to bona fide residents of municipalities having a population in excess of four10 hundred fifty thousand shall be fifty-one dollars, ten dollars of which fee shall be11 paid by the department to the board of trustees of the police pension fund of such12 municipalities. Ten dollars of the fee shall be paid to the State Police Pension and13 Retirement Fund. One dollar of the fee shall be forwarded by the department to the14 office of environmental education litter abatement and education account which is15 created within the Conservation Fund through the provisions of R.S. 56:10(B)(14).16 * * *17 (7)18 * * *19 (e)(i)20 * * *21 (cc) Fifty cents of the fee shall be paid to the office of state police. One22 dollar and fifty cents of the fee shall be paid to the State Police Pension and23 Retirement Fund. One dollar of the fee shall be forwarded by the department to the24 office of environmental education litter abatement and education account which is25 created within the Conservation Fund through the provisions of R.S. 56:10(B)(14).26 * * *27 (ee) Three dollars and seventy-one cents of the fee shall be paid to the State28 Police Pension and Retirement Fund. One dollar of the fee shall be forwarded by the29 HLS 10RS-323 ORIGINAL HB NO. 886 Page 5 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. department to the office of environmental education litter abatement and education1 account which is created within the Conservation Fund through the provisions of2 R.S. 56:10(B)(14).3 * * *4 (ii)5 * * *6 (cc) One dollar of the fee shall be paid to the Board of Trustees of the Police7 Pension Fund of said municipalities. One dollar of the fee shall be paid to the State8 Police Pension and Retirement Fund. One dollar of the fee shall be forwarded by the9 department to the office of environmental education litter abatement and education10 account which is created within the Conservation Fund through the provisions of11 R.S. 56:10(B)(14).12 * * *13 (ee) Five dollars of the fee shall be payable by the department to the board14 of trustees of the police pension fund of such municipalities. Sixty-one cents of the15 fee shall be paid to the State Police Pension and Retirement Fund. One dollar of the16 fee shall be forwarded by the department to the office of environmental education17 litter abatement and education account which is created within the Conservation18 Fund through the provisions of R.S. 56:10(B)(14).19 * * *20 Section 3. R.S. 36:605(B)(4)(a) is hereby amended and reenacted to read as follows:21 §605. Powers and duties of the secretary of wildlife and fisheries22 * * *23 B. The secretary shall have authority to:24 * * *25 (4)(a) Enforce the laws of the state and rules and regulations relative to26 wildlife and fisheries, including but not limited to laws, rules, and regulations27 relative to illegal hunting, fishing, and trapping, boating safety regulations, and the28 prohibited methods, times, or seasons, and locations therefor, including the illegal29 HLS 10RS-323 ORIGINAL HB NO. 886 Page 6 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. transportation, shipping, and sale of wildlife, fish, and other aquatic life and fur-1 bearing animals and alligators, and including the illegal possession of wildlife, game,2 or fish and other aquatic life, and develop and implement litter abatement,3 enforcement, and awareness programs and toward these ends shall appoint not less4 than twenty-five wildlife agents, whose entire time, under the direction of the5 secretary, shall be devoted to the performance of their official duties as prescribed6 by law. Notwithstanding R.S. 40:5, the secretary shall have authority to enforce the7 laws specifically assigned by statute to the Department of Health and Hospitals and8 any rules or regulations promulgated thereunder for the purpose of regulating the9 harvesting, processing, or distribution of molluscan shellfish.10 * * *11 Section 4. R.S. 47:463.43(A), (D), and (E) are hereby amended and reenacted to read12 as follows: 13 §463.43. Special license plates; environmental education division14 A. The Department of Public Safety and Corrections shall establish a special15 prestige motor vehicle license plate for the environmental education division within16 by the Department of Wildlife and Fisheries, office of wildlife, R.S. 30:2503 et seq17 for the purposes provided in R.S. 56:10(B)(14). The license plates shall be restricted18 to use on passenger cars, pickup trucks, vans, and recreational vehicles.19 * * *20 D. The department shall collect the donation for each license plate and21 forward the donation as provided in Subsection C of this Section to the22 environmental education division Department of Wildlife and Fisheries. The one23 dollar handling fee as provided in Subsection C of this Section shall be retained by24 the department to offset the administrative costs. The funds received by the25 environmental education division Department of Wildlife and Fisheries office of26 wildlife pursuant to this Section shall be deposited in the Louisiana Environmental27 Education Fund, R.S. 30:2511 litter abatement and education account which is28 HLS 10RS-323 ORIGINAL HB NO. 886 Page 7 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. created within the Conservation Fund through the provisions of R.S. 56:10(B)(14),1 and used solely for the purposes of that fund.2 E. The secretary with the assistance of the environmental education division3 shall establish such rules and regulations as are necessary to implement the4 provisions of this Section including but not limited to rules and regulations5 governing the collection and disbursement of the donation, the transfer and6 disposition of such license plates, the colors available, and the design criteria. The7 design shall include the use of the environmental education division logo.8 * * *9 Section 5. R.S. 56:10(B)(14) is hereby enacted to read as follows:10 §10. Annual report to governor; estimate of proposed expenditures; particular funds;11 warrants; vouchers; surplus funds12 * * *13 B.14 * * *15 (14) There is hereby created within the Conservation Fund a special account16 known as the "litter abatement and education account" which shall consist of all17 revenue collected from the sale of the environmental education license plate18 provided for in R.S. 47:463.43, all revenue received from the Department of Public19 Safety and Corrections, office of motor vehicles, pursuant to driver's license20 issuance, funds from public or private donations, and any remaining balance in the21 Louisiana Environmental Education Fund as of August 15, 2010. The revenues shall22 be subject to the same requirements as provided for other revenues placed in the23 Conservation Fund in Paragraph (1) of this Subsection. The funds in this account24 shall be used solely for litter abatement and enforcement; public service25 announcements; develop, review, and approve a plan for statewide environmental26 education and training of operators of vehicles regarding littering; to finance local27 littering enforcement activities in order to promote public safety, order, and general28 welfare by making the streets, roads, rivers, streams, bayous, lakes, waterways, and29 HLS 10RS-323 ORIGINAL HB NO. 886 Page 8 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. highways of Louisiana clean, safe, and free of debris, litter, and other material falling1 from or being thrown from vehicles; and to award grants to nonprofit organizations2 and public agencies for the development, dissemination, and assessment of such3 education programs.4 * * *5 Section 6. R.S. 30:2504 and 2511 and R.S. 36:609(B)(4) and Section 3 of Act No.6 527 of the 2003 Regular Session, Act No. 363 of the 2004 Regular Session, and Act No.1907 of the 2007 Regular Session, are hereby repealed in their entirety.8 Section 7. This Act shall become effective on July 1, 2010; if vetoed by the governor9 and subsequently approved by the legislature, this Act shall become effective on July 1,10 2010, or on the day following such approval by the legislature, whichever is later.11 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Harrison HB No. 886 Abstract: Provides for the Environmental Education Commission and the litter abatement and education account in the Conservation Fund. Present law provides for the Environmental Education Commission in the Department of Wildlife and Fisheries, provides for the commission's powers and duties, and creates the office of environmental education within the office of wildlife, Department of Wildlife and Fisheries. Proposed law retains present law except repeals the office of environmental education. Present law provides for a $1 fee on the fee charged for driver's licenses to be deposited into the Louisiana Environmental Education Fund and to be used for public service announcements and for the education and training of drivers of motor vehicles regarding littering or to finance local littering enforcement activities until August 15, 2011. Present law creates a prestige motor vehicle environmental education license plate for the Dept. of Wildlife and Fisheries. Revenues received from the donations from the plates are deposited into the Louisiana Environmental Education Fund to be used for the purposes of the Environmental Education Commission. Proposed law repeals Louisiana Environmental Education Fund and replaces the fund with the "litter abatement and education account" within the Conservation Fund. Proposed law retains present law except the funds from both sources, along with any public or private donations, shall be deposited into the "litter abatement and education account" within the Conservation Fund and repeals driver's license fee sunset date. HLS 10RS-323 ORIGINAL HB NO. 886 Page 9 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed law provides that funds in the account shall be used solely for litter abatement and enforcement; public service announcements; develop, review, and approve a plan for statewide environmental education and training of operators of vehicles regarding littering; to finance local littering enforcement activities in order to promote public safety, order, and general welfare by making the streets, roads, rivers, streams, bayous, lakes, waterways, and highways of Louisiana clean, safe, and free of debris, litter, and other material falling from or being thrown from vehicles; and to award grants to nonprofit organizations and public agencies for the development, dissemination, and assessment of such education programs. Effective July 1, 2010. (Amend R.S. 30:2506(A)(intro. para.) and (B) and 2507(A), R.S. 32:412(A)(1), (2), (5), and (6), (B)(1), (2), and (7)(e)(i)(cc) and (ee) and (ii)(cc) and (ee), R.S. 36:605(B)(4)(a), and R.S. 47:463.43(A),(D), and (E); Adds R.S. 56:10(B)(14); Repeals R.S. 30:2504 and 2511, R.S. 36:609(B)(4), §3 of Act No. 527 of the 2003 R.S., Act No. 363 of the 2004 R.S., and Act No.190 of the 2007 R.S.)