Louisiana 2010 Regular Session

Louisiana House Bill HB886 Latest Draft

Bill / Introduced Version

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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
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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
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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
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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
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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
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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
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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
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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
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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.)