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Regular Session, 2011
HOUSE BILL NO. 292
BY REPRESENTATIVES MORRIS, BOBBY BADON, BILLIOT, HENRY BURNS,
CHAMPAGNE, GISCLAIR, GUINN, HENDERSON, SAM JONES, LAMBERT,
LITTLE, MCVEA, MONTOUCET, ST. GERMAIN, AND WILLIAMS 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)(aa), (cc), (dd)(I), and (ee)3
and (ii)(aa), (cc), (dd)(I), and (ee), R.S. 36:605(B)(4)(a), and R.S. 47:463.43(A), (D),4
and (E), to enact R.S. 56:10(B)(14), and to repeal R.S. 30:2504 and 2511, R.S.5
36:609(B)(4), Section 3 of Act No. 527 of the 2003 Regular Session of the6
Legislature, Act No. 363 of the 2004 Regular Session of the Legislature, Act No.7
190 of the 2007 Regular Session of the Legislature, and R.S. 32:412(A)(1), (2), (5),8
(6), (B)(1), (2), (7)(e)(i)(aa), (dd)(I), (e)(ii)(aa), and (dd)(I) as amended by Act No.9
9 of the 2011 First Extraordinary Session of the Legislature, relative to litter10
abatement, enforcement, and education; to provide for the Louisiana Environmental11
Education Commission; to provide for the responsibility and duties of the12
Department of Wildlife and Fisheries; to provide litter abatement and enforcement;13
to provide for education programs; to abolish the environmental education division14
within the Department of Wildlife and Fisheries; to provide for special license plates;15
to provide for the disposition of certain funds collected from driver's license issuance16
and renewal and special license plates; and to provide for related matters.17 HLS 11RS-171 ENGROSSED
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Be it enacted by the Legislature of Louisiana:1
Section 1. R.S. 30:2506(A)(introductory paragraph) and (B) and 2507(A) are hereby2
amended and reenacted to read as follows:3
§2506. Curriculum framework4
A. The commission and the environmental education division shall work5
with the Department of Education to develop a curriculum framework for6
establishing environmental education programs in all public and private elementary7
and secondary schools. The program shall integrate environmental concepts and8
skills into regular curricula, which include:9
* * *10
B. The commission and the environmental education division shall work11
with the Department of Education to implement an environmental education program12
in grades K through twelve.13
* * *14
§2507. Pre-service teacher education15
A. The commission and the environmental education division shall work16
with members of teacher education institutions, colleges and universities, and the17
Board of Regents to develop guidelines for incorporating environmental education18
into teacher education requirements.19
* * *20
Section 2. R.S. 32:412(A)(1), (2), (5), and (6), (B)(1), (2), and (7)(e)(i)(aa), (cc),21
(dd)(I), and (ee) and (ii)(aa), (cc), (dd)(I), and (ee) are hereby amended and reenacted to read22
as follows:23
§412. Amount of fees; credit or refund; duration of license; disbursement of funds;24
renewal by mail or electronic commerce of Class "D" or "E" drivers' licenses;25
disposition of certain fees; exception26
A.(1) Every applicant for a Class "D" driver's license, or for a renewal of a27
Class "D" driver's license, except those bona fide residents of cities having a28
population in excess of four hundred fifty thousand the city of New Orleans, shall29 HLS 11RS-171 ENGROSSED
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pay for such basic license a fee of twenty-eight dollars and fifty cents. Seven dollars1
and forty-three cents of the fee shall be paid to the State Police Pension and2
Retirement Fund. One dollar of the fee shall be forwarded by the department to the3
environmental education division within the Department of Wildlife and Fisheries,4
office of wildlife litter abatement and education account which is created within the5
Conservation Fund through the provisions of R.S. 56:10(B)(14).6
(2) The fee for Class "D" drivers' licenses, or renewal of a Class "D" driver's7
license, issued to bona fide residents of municipalities having a population in excess8
of four hundred fifty thousand the city of New Orleans shall be thirty-six dollars, ten9
dollars of which fee shall be payable by the department to the board of trustees of the10
police pension fund of such municipalities the city of New Orleans. One dollar and11
twenty-three cents of the fee shall be paid to the State Police Pension and Retirement12
Fund. One dollar of the fee shall be forwarded by the department to the13
environmental education division within the Department of Wildlife and Fisheries,14
office of wildlife litter abatement and education account which is created within the15
Conservation Fund through the provisions of R.S. 56:10(B)(14).16
* * *17
(5) Every applicant for a Class "E" driver's license, or for a renewal of a18
Class "E" driver's license, except those bona fide residents of cities having a19
population in excess of four hundred fifty thousand the city of New Orleans, shall20
pay for such basic license a fee of thirteen dollars and fifty cents, which shall be the21
cost of such basic license. Three dollars and seventy-five cents of the fee shall be22
paid to the State Police Pension and Retirement Fund. One dollar of the fee shall be23
forwarded by the department to the environmental education division within the24
Department of Wildlife and Fisheries, office of wildlife litter abatement and25
education account which is created within the Conservation Fund through the26
provisions of R.S. 56:10(B)(14).27
(6) The fee for a Class "E" driver's license, or renewal of a Class "E" driver's28
license, issued to bona fide residents of municipalities having a population in excess29 HLS 11RS-171 ENGROSSED
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of four hundred fifty thousand the city of New Orleans shall be thirteen dollars and1
fifty cents, two dollars and fifty cents of which fee shall be paid by the department2
to the board of trustees of the police pension funds of such municipalities the city of3
New Orleans. Two dollars and fifty cents of the fee shall be paid to the State Police4
Pension and Retirement Fund. One dollar of the fee shall be forwarded by the5
department to the environmental education division within the Department of6
Wildlife and Fisheries, office of wildlife litter abatement and education account7
which is created within the Conservation Fund through the provisions of R.S.8
56:10(B)(14).9
* * *10
B.(1) Every applicant for a Class "A", "B", or "C" commercial driver's11
license, or for a renewal of a basic Class "A", "B", or "C" commercial driver's12
license, except for those bona fide residents of cities having a population in excess13
of four hundred fifty thousand the city of New Orleans, shall pay for such basic14
license a fee of forty-one dollars. Ten dollars and eighty cents of the fee shall be15
paid to the State Police Pension and Retirement Fund. One dollar of the fee shall16
be forwarded by the department to the environmental education division within the17
Department of Wildlife and Fisheries, office of wildlife litter abatement and18
education account which is created within the Conservation Fund through the19
provisions of R.S. 56:10(B)(14).20
(2) The fee for a basic Class "A", "B", or "C" commercial driver's license,21
or for the renewal of a basic Class "A", "B", or "C" commercial driver's license,22
issued to bona fide residents of municipalities having a population in excess of four23
hundred fifty thousand the city of New Orleans shall be fifty-one dollars, ten dollars24
of which fee shall be paid by the department to the board of trustees of the police25
pension fund of such municipalities the city of New Orleans. Ten dollars of the fee26
shall be paid to the State Police Pension and Retirement Fund. One dollar of the fee27
shall be forwarded by the department to the environmental education division within28
the Department of Wildlife and Fisheries, office of wildlife litter abatement and29 HLS 11RS-171 ENGROSSED
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education account which is created within the Conservation Fund through the1
provisions of R.S. 56:10(B)(14).2
* * *3
(7)4
* * *5
(e)(i)(aa) Every applicant seventy years of age or older for a Class "E"6
driver's license, or for the renewal of a Class "E" driver's license, except those bona7
fide residents of cities having a population in excess of four hundred fifty thousand8
the city of New Orleans, shall pay for such basic license a fee of four dollars and9
fifty cents, which shall be the cost of the license. The license shall expire on the10
anniversary of the birthday of the applicant which is nearest to a date of four years11
subsequent to the issuing of the license, unless revoked, canceled, or suspended.12
* * *13
(cc) Fifty cents of the fee shall be paid to the office of state police. One14
dollar and fifty cents of the fee shall be paid to the State Police Pension and15
Retirement Fund. One dollar of the fee shall be forwarded by the department to the16
environmental education division within the Department of Wildlife and Fisheries,17
office of wildlife litter abatement and education account which is created within the18
Conservation Fund through the provisions of R.S. 56:10(B)(14).19
(dd)(I) Every applicant seventy years of age or older for a Class "D" driver's20
license, or for the renewal of a Class "D" driver's license, except those bona fide21
residents of cities having a population in excess of four hundred fifty thousand the22
city of New Orleans, shall pay for such basic license a fee of fourteen dollars and23
seventy-five cents, which shall be the cost of the license. The license shall expire on24
the anniversary of the birthday of the applicant which is nearest to the date of four25
years subsequent to the issuing of the license, unless revoked, canceled, or26
suspended.27
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(ee) Three dollars and seventy-one cents of the fee shall be paid to the State1
Police Pension and Retirement Fund. One dollar of the fee shall be forwarded by the2
department to the environmental education division within the Department of3
Wildlife and Fisheries, office of wildlife litter abatement and education account4
which is created within the Conservation Fund through the provisions of R.S.5
56:10(B)(14).6
(ii)(aa) Every applicant seventy years of age or older for a Class "E" driver's7
license, or for the renewal of a Class "E" driver's license, issued to bona fide8
residents of cities having a population in excess of four hundred fifty thousand the9
city of New Orleans, shall pay for such basic license a fee of four dollars and fifty10
cents, which shall be the cost of the license. This license shall expire on the11
anniversary of the birthday of the applicant which is nearest to a date of four years12
subsequent to the issuing of the license, unless revoked, canceled, or suspended.13
* * *14
(cc) One dollar of the fee shall be paid to the Board of Trustees of the Police15
Pension Fund of said municipalities the city of New Orleans. One dollar of the fee16
shall be paid to the State Police Pension and Retirement Fund. One dollar of the fee17
shall be forwarded by the department to the environmental education division within18
the Department of Wildlife and Fisheries, office of wildlife litter abatement and19
education account which is created within the Conservation Fund through the20
provisions of R.S. 56:10(B)(14).21
(dd)(I) Every applicant seventy years of age or older for a Class "D" driver's22
license, or for the renewal of a Class "D" driver's license, issued to bona fide23
residents of cities having a population in excess of four hundred fifty thousand the24
city of New Orleans, shall pay for such basic license a fee of eighteen dollars and25
fifty cents, which shall be the cost of the license. This license shall expire on the26
anniversary of the birthday of the applicant which is nearest to the date of four years27
subsequent to the issuing of the license, unless revoked, canceled, or suspended.28
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(ee) Five dollars of the fee shall be payable by the department to the board1
of trustees of the police pension fund of such municipalities the city of New Orleans.2
Sixty-one cents of the fee shall be paid to the State Police Pension and Retirement3
Fund. One dollar of the fee shall be forwarded by the department to the4
environmental education division within the Department of Wildlife and Fisheries,5
office of wildlife litter abatement and education account which is created within the6
Conservation Fund through the provisions of R.S. 56:10(B)(14).7
* * *8
Section 3. R.S. 36:605(B)(4)(a) is hereby amended and reenacted to read as follows:9
§605. Powers and duties of the secretary of wildlife and fisheries10
* * *11
B. The secretary shall have authority to:12
* * *13
(4)(a) Enforce the laws of the state and rules and regulations relative to14
wildlife and fisheries, including but not limited to laws, rules, and regulations15
relative to illegal hunting, fishing, and trapping, boating safety regulations, and the16
prohibited methods, times, or seasons, and locations therefor, including the illegal17
transportation, shipping, and sale of wildlife, fish, and other aquatic life and fur-18
bearing animals and alligators, and including the illegal possession of wildlife, game,19
or fish and other aquatic life, and develop and implement litter abatement,20
enforcement, and awareness programs and toward these ends shall appoint not less21
than twenty-five wildlife agents, whose entire time, under the direction of the22
secretary, shall be devoted to the performance of their official duties as prescribed23
by law. Notwithstanding R.S. 40:5, the secretary shall have authority to enforce the24
laws specifically assigned by statute to the Department of Health and Hospitals and25
any rules or regulations promulgated thereunder for the purpose of regulating the26
harvesting, processing, or distribution of molluscan shellfish.27
* * *28 HLS 11RS-171 ENGROSSED
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Section 4. R.S. 47:463.43(A), (D), and (E) are hereby amended and reenacted to read1
as follows:2
§463.43. Special license plates; environmental education division3
A. The Department of Public Safety and Corrections shall establish a special4
prestige motor vehicle license plate for the environmental education division within5
by the Department of Wildlife and Fisheries, office of wildlife, R.S. 30:2503 et seq6
for the purposes provided in R.S. 56:10(B)(14). The license plates shall be restricted7
to use on passenger cars, pickup trucks, vans, and recreational vehicles.8
* * *9
D. The department shall collect the donation for each license plate and10
forward the donation as provided in Subsection C of this Section to the11
environmental education division Department of Wildlife and Fisheries. The one12
dollar handling fee as provided in Subsection C of this Section shall be retained by13
the department to offset the administrative costs. The funds received by the14
environmental education division Department of Wildlife and Fisheries office of15
wildlife pursuant to this Section shall be deposited in the Louisiana Environmental16
Education Fund, R.S. 30:2511 litter abatement and education account which is17
created within the Conservation Fund through the provisions of R.S. 56:10(B)(14),18
and used solely for the purposes of that fund.19
E. The secretary with the assistance of the environmental education division20
shall establish such rules and regulations as are necessary to implement the21
provisions of this Section, including but not limited to rules and regulations22
governing the collection and disbursement of the donation, the transfer and23
disposition of such license plates, the colors available, and the design criteria. The24
design shall include the use of the environmental education division logo.25
* * *26 HLS 11RS-171 ENGROSSED
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Section 5. R.S. 56:10(B)(14) is hereby enacted to read as follows:1
§10. Annual report to governor; estimate of proposed expenditures; particular funds;2
warrants; vouchers; surplus funds3
* * *4
B.5
* * *6
(14) There is hereby created within the Conservation Fund a special account7
known as the "litter abatement and education account" which shall consist of all8
revenue collected from the sale of the environmental education license plate9
provided for in R.S. 47:463.43; all revenue received from the Department of Public10
Safety and Corrections, office of motor vehicles, pursuant to driver's license11
issuance; funds from public or private donations and any other source which may12
specify deposit to this account; and any remaining balance in the Louisiana13
Environmental Education Fund as of August 15, 2011. The revenues shall be subject14
to the same requirements as provided for other revenues placed in the Conservation15
Fund in Paragraph (1) of this Subsection. The funds in this account shall be used16
solely for litter abatement and enforcement; public service announcements; develop,17
review, approve, and implement a plan for statewide environmental education; for18
the training of operators of vehicles regarding littering; to finance local littering19
enforcement activities in order to promote public safety, order, and general welfare20
by making the streets, roads, rivers, streams, bayous, lakes, waterways, and highways21
of Louisiana clean, safe, and free of debris, litter, and other material falling from or22
being thrown from vehicles; and to award grants to nonprofit organizations and23
public agencies for the development, dissemination, and assessment of such24
education programs.25
* * *26
Section 6. R.S. 30:2504 and 2511 and R.S. 36:609(B)(4) and Section 3 of Act No.27
527 of the 2003 Regular Session of the Legislature, Act No. 363 of the 2004 Regular Session28
of the Legislature, Act No.190 of the 2007 Regular Session of the Legislature, and R.S.29 HLS 11RS-171 ENGROSSED
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32:412(A)(1), (2), (5), (6), (B)(1), (2), (7)(e)(i)(aa), (dd)(I), (e)(ii)(aa), and (dd)(I) as1
amended by Act No. 9 of the 2011 First Extraordinary Session of the Legislature are hereby2
repealed in their entirety.3
Section 7. This Act shall become effective on July 1, 2011; if vetoed by the governor4
and subsequently approved by the legislature, this Act shall become effective on July 1,5
2011, or on the day following such approval by the legislature, whichever is later.6
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.
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. HLS 11RS-171 ENGROSSED
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Act No. 9 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)(aa), (cc), (dd)(I), and (ee) and (ii)(aa), (cc), (dd)(I), 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. 9 of the 2011 1st
E.S.)