HLS 11RS-171 ORIGINAL
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Regular Session, 2011
HOUSE BILL NO. 292
BY REPRESENTATIVES MORRIS AND ST. GERMAIN AND SENATOR MICHOT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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 R.S. 30:2504 and 2511, R.S. 36:609(B)(4), Section 3 of5
Act No. 527 of the 2003 Regular Session of the Legislature, Act No. 363 of the 20046
Regular Session of the Legislature, Act No. 190 of the 2007 Regular Session of the7
Legislature, and R.S. 32:412(A)(1), (2), (5), (6), B(1), (2), (7)(e)(i)(aa), (dd)(I),8
(e)(ii)(aa), and (dd)(I) as amended by Act No. __ of the 2011 First Extraordinary9
Session of the Legislature, relative to litter abatement, enforcement, and education;10
to provide for the Louisiana Environmental Education Commission; to provide for11
the responsibility and duties of the Department of Wildlife and Fisheries; to provide12
litter abatement and enforcement; to provide for education programs; to abolish the13
environmental education division within the Department of Wildlife and Fisheries;14
to provide for special license plates; to provide for the disposition of certain funds15
collected from driver's license issuance and renewal and special license plates; and16
to provide for related matters.17
Be it enacted by the Legislature of Louisiana:18
Section 1. R.S. 30:2506(A)(introductory paragraph) and (B) and 2507(A) are hereby19
amended and reenacted to read as follows:20 HLS 11RS-171 ORIGINAL
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§2506. Curriculum framework1
A. The commission and the office of environmental education shall work2
with the Department of Education to develop a curriculum framework for3
establishing environmental education programs in all public and private elementary4
and secondary schools. The program shall integrate environmental concepts and5
skills into regular curricula, which include:6
* * *7
B. The commission and the office of environmental education shall work8
with the Department of Education to implement an environmental education program9
in grades K through twelve.10
* * *11
§2507. Pre-service teacher education12
A. The commission and the office of environmental education shall work13
with members of teacher education institutions, colleges and universities, and the14
Board of Regents to develop guidelines for incorporating environmental education15
into teacher education requirements.16
* * *17
Section 2. R.S. 32:412(A)(1), (2), (5), and (6), (B)(1), (2), and (7)(e)(i)(cc) and (ee)18
and (ii)(cc) and (ee) are hereby amended and reenacted to read as follows:19
§412. Amount of fees; credit or refund; duration of license; disbursement of funds;20
renewal by mail or electronic commerce of Class "D" or "E" drivers' licenses;21
disposition of certain fees; exception22
A.(1) Every applicant for a Class "D" driver's license, or for a renewal of a23
Class "D" driver's license, except those bona fide residents of cities having a24
population in excess of four hundred fifty thousand the city of New Orleans, shall25
pay for such basic license a fee of twenty-eight dollars and fifty cents. Seven dollars26
and forty-three cents of the fee shall be paid to the State Police Pension and27
Retirement Fund. One dollar of the fee shall be forwarded by the department to the28 HLS 11RS-171 ORIGINAL
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office of environmental education litter abatement and education account which is1
created within the Conservation Fund through the provisions of R.S. 56:10(B)(14).2
(2) The fee for Class "D" drivers' licenses, or renewal of a Class "D" driver's3
license, issued to bona fide residents of municipalities having a population in excess4
of four hundred fifty thousand the city of New Orleans shall be thirty-six dollars, ten5
dollars of which fee shall be payable by the department to the board of trustees of the6
police pension fund of such municipalities the city of New Orleans. One dollar and7
twenty-three cents of the fee shall be paid to the State Police Pension and Retirement8
Fund. One dollar of the fee shall be forwarded by the department to the office of9
environmental education litter abatement and education account which is created10
within the Conservation Fund through the provisions of R.S. 56:10(B)(14).11
* * *12
(5) Every applicant for a Class "E" driver's license, or for a renewal of a13
Class "E" driver's license, except those bona fide residents of cities having a14
population in excess of four hundred fifty thousand the city of New Orleans, shall15
pay for such basic license a fee of thirteen dollars and fifty cents, which shall be the16
cost of such basic license. Three dollars and seventy-five cents of the fee shall be17
paid to the State Police Pension and Retirement Fund. One dollar of the fee shall be18
forwarded by the department to the office of environmental education litter19
abatement and education account which is created within the Conservation Fund20
through the provisions of R.S. 56:10(B)(14).21
(6) The fee for a Class "E" driver's license, or renewal of a Class "E" driver's22
license, issued to bona fide residents of municipalities having a population in excess23
of four hundred fifty thousand the city of New Orleans shall be thirteen dollars and24
fifty cents, two dollars and fifty cents of which fee shall be paid by the department25
to the board of trustees of the police pension funds of such municipalities the city of26
New Orleans. Two dollars and fifty cents of the fee shall be paid to the State Police27
Pension and Retirement Fund. One dollar of the fee shall be forwarded by the28
department to the office of environmental education litter abatement and education29 HLS 11RS-171 ORIGINAL
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account which is created within the Conservation Fund through the provisions of1
R.S. 56:10(B)(14).2
* * *3
B.(1) Every applicant for a Class "A", "B", or "C" commercial driver's4
license, or for a renewal of a basic Class "A", "B", or "C" commercial driver's5
license, except for those bona fide residents of cities having a population in excess6
of four hundred fifty thousand the city of New Orleans, shall pay for such basic7
license a fee of forty-one dollars. Ten dollars and eighty cents of the fee shall be8
paid to the State Police Pension and Retirement Fund. One dollar of the fee shall9
be forwarded by the department to the office of environmental education litter10
abatement and education account which is created within the Conservation Fund11
through the provisions of R.S. 56:10(B)(14).12
(2) The fee for a basic Class "A", "B", or "C" commercial driver's license,13
or for the renewal of a basic Class "A", "B", or "C" commercial driver's license,14
issued to bona fide residents of municipalities having a population in excess of four15
hundred fifty thousand the city of New Orleans shall be fifty-one dollars, ten dollars16
of which fee shall be paid by the department to the board of trustees of the police17
pension fund of such municipalities the city of New Orleans. Ten dollars of the fee18
shall be paid to the State Police Pension and Retirement Fund. One dollar of the fee19
shall be forwarded by the department to the office of environmental education litter20
abatement and education account which is created within the Conservation Fund21
through the provisions of R.S. 56:10(B)(14).22
* * *23
(7)24
* * *25
(e)(i)26
* * *27
(cc) Fifty cents of the fee shall be paid to the office of state police. One28
dollar and fifty cents of the fee shall be paid to the State Police Pension and29 HLS 11RS-171 ORIGINAL
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Retirement Fund. One dollar of the fee shall be forwarded by the department to the1
office of environmental education litter abatement and education account which is2
created within the Conservation Fund through the provisions of R.S. 56:10(B)(14).3
* * *4
(ee) Three dollars and seventy-one cents of the fee shall be paid to the State5
Police Pension and Retirement Fund. One dollar of the fee shall be forwarded by the6
department to the office of environmental education litter abatement and education7
account which is created within the Conservation Fund through the provisions of8
R.S. 56:10(B)(14).9
* * *10
(ii)11
* * *12
(cc) One dollar of the fee shall be paid to the Board of Trustees of the Police13
Pension Fund of said municipalities the city of New Orleans. One dollar of the fee14
shall be paid to the State Police Pension and Retirement Fund. One dollar of the fee15
shall be forwarded by the department to the office of environmental education litter16
abatement and education account which is created within the Conservation Fund17
through the provisions of R.S. 56:10(B)(14).18
* * *19
(ee) Five dollars of the fee shall be payable by the department to the board20
of trustees of the police pension fund of such municipalities the city of New Orleans.21
Sixty-one cents of the fee shall be paid to the State Police Pension and Retirement22
Fund. One dollar of the fee shall be forwarded by the department to the office of23
environmental education litter abatement and education account which is created24
within the Conservation Fund through the provisions of R.S. 56:10(B)(14).25
* * *26 HLS 11RS-171 ORIGINAL
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Section 3. R.S. 36:605(B)(4)(a) is hereby amended and reenacted to read as follows:1
§605. Powers and duties of the secretary of wildlife and fisheries2
* * *3
B. The secretary shall have authority to:4
* * *5
(4)(a) Enforce the laws of the state and rules and regulations relative to6
wildlife and fisheries, including but not limited to laws, rules, and regulations7
relative to illegal hunting, fishing, and trapping, boating safety regulations, and the8
prohibited methods, times, or seasons, and locations therefor, including the illegal9
transportation, shipping, and sale of wildlife, fish, and other aquatic life and fur-10
bearing animals and alligators, and including the illegal possession of wildlife, game,11
or fish and other aquatic life, and develop and implement litter abatement,12
enforcement, and awareness programs and toward these ends shall appoint not less13
than twenty-fiv e wildlife agents, whose entire time, under the direction of the14
secretary, shall be devoted to the performance of their official duties as prescribed15
by law. Notwithstanding R.S. 40:5, the secretary shall have authority to enforce the16
laws specifically assigned by statute to the Department of Health and Hospitals and17
any rules or regulations promulgated thereunder for the purpose of regulating the18
harvesting, processing, or distribution of molluscan shellfish.19
* * *20
Section 4. R.S. 47:463.43(A), (D), and (E) are hereby amended and reenacted to read21
as follows:22
§463.43. Special license plates; environmental education division23
A. The Department of Public Safety and Corrections shall establish a special24
prestige motor vehicle license plate for the environmental education division within25
by the Department of Wildlife and Fisheries, office of wildlife, R.S. 30:2503 et seq26
for the purposes provided in R.S. 56:10(B)(14). The license plates shall be restricted27
to use on passenger cars, pickup trucks, vans, and recreational vehicles.28
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D. The department shall collect the donation for each license plate and1
forward the donation as provided in Subsection C of this Section to the2
environmental education division Department of Wildlife and Fisheries. The one3
dollar handling fee as provided in Subsection C of this Section shall be retained by4
the department to offset the administrative costs. The funds received by the5
environmental education division Department of Wildlife and Fisheries office of6
wildlife pursuant to this Section shall be deposited in the Louisiana Environmental7
Education Fund, R.S. 30:2511 litter abatement and education account which is8
created within the Conservation Fund through the provisions of R.S. 56:10(B)(14),9
and used solely for the purposes of that fund.10
E. The secretary with the assistance of the environmental education division11
shall establish such rules and regulations as are necessary to implement the12
provisions of this Section including but not limited to rules and regulations13
governing the collection and disbursement of the donation, the transfer and14
disposition of such license plates, the colors available, and the design criteria. The15
design shall include the use of the environmental education division logo.16
* * *17
Section 5. R.S. 56:10(B)(14) is hereby enacted to read as follows:18
§10. Annual report to governor; estimate of proposed expenditures; particular funds;19
warrants; vouchers; surplus funds20
* * *21
B.22
* * *23
(14) There is hereby created within the Conservation Fund a special account24
known as the "litter abatement and education account" which shall consist of all25
revenue collected from the sale of the environmental education license plate26
provided for in R.S. 47:463.43; all revenue received from the Department of Public27
Safety and Corrections, office of motor vehicles, pursuant to driver's license28
issuance; funds from public or private donations and any other source which may29 HLS 11RS-171 ORIGINAL
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specify deposit to this account; and any remaining balance in the Louisiana1
Environmental Education Fund as of August 15, 2011. The revenues shall be subject2
to the same requirements as provided for other revenues placed in the Conservation3
Fund in Paragraph (1) of this Subsection. The funds in this account shall be used4
solely for litter abatement and enforcement; public service announcements; develop,5
review, and approve a plan for statewide environmental education and training of6
operators of vehicles regarding littering; to finance local littering enforcement7
activities in order to promote public safety, order, and general welfare by making the8
streets, roads, rivers, streams, bayous, lakes, waterways, and highways of Louisiana9
clean, safe, and free of debris, litter, and other material falling from or being thrown10
from vehicles; and to award grants to nonprofit organizations and public agencies for11
the development, dissemination, and assessment of such education programs.12
* * *13
Section 6. R.S. 30:2504 and 2511 and R.S. 36:609(B)(4) and Section 3 of Act No.14
527 of the 2003 Regular Session of the Legislature, Act No. 363 of the 2004 Regular Session15
of the Legislature, Act No.190 of the 2007 Regular Session of the Legislature, and R.S.16
32:412(A)(1), (2), (5), (6), (B)(1), (2), (7)(e)(i)(aa), (dd)(I), (e)(ii)(aa), and (dd)(I) as17
amended by Act No. __ of the 2011 First Extraordinary Session of the Legislature are hereby18
repealed in their entirety.19
Section 7. This Act shall become effective on July 1, 2011; if vetoed by the governor20
and subsequently approved by the legislature, this Act shall become effective on July 1,21
2011, or on the day following such approval by the legislature, whichever is later.22
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)]
Morris HB No. 292
Abstract: Provides for the Environmental Education Commission and the litter abatement
and education account in the Conservation Fund. HLS 11RS-171 ORIGINAL
HB NO. 292
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Present law provides for the Environmental Education Commission in the Dept. of Wildlife
and Fisheries, provides for the commission's powers and duties, and creates the office of
environmental education within the office of wildlife, Dept. 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 La. 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 Aug. 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 La. Environmental Education Fund to be used for the purposes of the
Environmental Education Commission.
Proposed law repeals La. 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.
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 La. 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.
Act No. __ of the 2011 First Extraordinary Session amended various provisions of R.S.
32:412, of which are being repealed by the proposed law.
Effective July 1, 2011.
(Amends 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., Act No.190
of the 2007 R.S., and R.S. 32:412(A)(1), (2), (5), (6), (B)(1), (2), (7)(e)(i)(aa), (dd)(I),
(e)(ii)(aa), and (dd)(I) as amended by Act No. __ of the 2011 1st E.S.)