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Regular Session, 2011
HOUSE BILL NO. 292
BY REPRESENTATIVES MORRIS, AUBERT, BOBBY BADON, BARRAS, BARROW,
BILLIOT, BISHOP, HENRY BURNS, BURRELL, CHAMPAGNE, CHANDLER,
CHANEY, DIXON, DOERGE, DOWNS, EDWARDS, ELLINGTON, GISCLAIR,
GUILLORY, GUINN, HARRISON, HAZEL, HENDERSON, HOFFMANN, SAM
JONES, LAMBERT, LEBAS, LIGI, LITTLE, MCVEA, MONTOUCET, MORENO,
PATRICIA SMITH, ST. GERMAIN, STIAES, WILLIAMS, AND WOOTON AND
SENATOR MICHOT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 30:2506(A)(introductory paragraph) and (B), 2507(A), and2
2532(A)(4) and (B)(1), R.S. 32:412(A)(1), (2), (5), and (6), (B)(1), (2), and3
(7)(e)(i)(aa), (cc), (dd)(I), and (ee) and (ii)(aa), (cc), (dd)(I), and (ee), R.S.4
36:605(B)(4)(a), and R.S. 47:463.43(A), (D), and (E), to enact R.S. 56:10(B)(15),5
and to repeal R.S. 30:2504, 2511, and 2532(C) and (D), R.S. 36:609(B)(4), Section6
3 of Act No. 527 of the 2003 Regular Session of the Legislature, Act No. 363 of the7
2004 Regular Session of the Legislature, Act No. 190 of the 2007 Regular Session8
of the Legislature, and R.S. 32:412(A)(1), (2), (5), (6), (B)(1), (2), (7)(e)(i)(aa),9
(dd)(I), (e)(ii)(aa), and (dd)(I) as amended by Act No. 9 of the 2011 First10
Extraordinary Session of the Legislature, relative to litter abatement, enforcement,11
and education; to provide for the Louisiana Environmental Education Commission;12
to provide for the responsibility and duties of the Department of Wildlife and13
Fisheries; to provide litter abatement and enforcement; to create the litter abatement14
and education account; to provide for the deposit of certain fines into the litter15
abatement and education account; to provide for education programs; to abolish the16
environmental education division within the Department of Wildlife and Fisheries;17
to provide for special license plates; to provide for the disposition of certain funds18
collected from driver's license issuance and renewal and special license plates; and19
to provide for related matters.20 ENROLLEDHB NO. 292
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Be it enacted by the Legislature of Louisiana:1
Section 1. R.S. 30:2506(A)(introductory paragraph) and (B), 2507(A), and2
2532(A)(4) and (B)(1) are hereby 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
§2532. Collection and distribution of fines; Keep Louisiana Beautiful Fund litter21
abatement and education account22
A. All fines collected under the provisions of this Part shall be payable as23
follows:24
* * *25
(4) The remainder shall be paid to the state treasury for credit to the Keep26
Louisiana Beautiful Fund litter abatement and education account.27
B.(1) All other monies received under the provisions of this Part shall be28
paid into the state treasury on or before the twenty-fifth day of each month following29
their collection and, in accordance with Article VII, Section 9 of the Constitution of30 ENROLLEDHB NO. 292
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Louisiana, shall be credited to the Bond Security and Redemption Fund. Out of the1
funds remaining in the Bond Security and Redemption Fund after a sufficient amount2
is allocated therefrom to pay all obligations secured by the full faith and credit of the3
state which become due and payable within each fiscal year, the treasurer shall pay4
an amount equal to the total amount of such funds collected or received under the5
provisions of this Part paid into the treasury into a special fund which is hereby6
created in the state treasury and designated as the Keep Louisiana Beautiful Fund7
for administration by the Department of Environmental Quality. The secretary shall8
administer the Keep Louisiana Beautiful Fund and shall make disbursements from9
the fund for the necessary and appropriate operating expenses of the section litter10
abatement and education account.11
* * *12
Section 2. R.S. 32:412(A)(1), (2), (5), and (6), (B)(1), (2), and (7)(e)(i)(aa), (cc),13
(dd)(I), and (ee) and (ii)(aa), (cc), (dd)(I), and (ee) are hereby amended and reenacted to read14
as follows:15
§412. Amount of fees; credit or refund; duration of license; disbursement of funds;16
renewal by mail or electronic commerce of Class "D" or "E" drivers' licenses;17
disposition of certain fees; exception18
A.(1) Every applicant for a Class "D" driver's license, or for a renewal of a19
Class "D" driver's license, except those bona fide residents of cities having a20
population in excess of four hundred fifty thousand the city of New Orleans, shall21
pay for such basic license a fee of twenty-eight dollars and fifty cents. Seven dollars22
and forty-three 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
environmental education division within the Department of Wildlife and Fisheries,25
office of wildlife litter abatement and education account which is created within the26
Conservation Fund through the provisions of R.S. 56:10(B)(15).27
(2) The fee for Class "D" drivers' driver's licenses, or renewal of a Class "D"28
driver's license, issued to bona fide residents of municipalities having a population29
in excess of four hundred fifty thousand the city of New Orleans shall be thirty-six30 ENROLLEDHB NO. 292
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dollars, ten dollars of which fee shall be payable by the department to the board of1
trustees of the police pension fund of such municipalities the city of New Orleans.2
One dollar and twenty-three cents of the fee shall be paid to the State Police Pension3
and Retirement Fund. One dollar of the fee shall be forwarded by the department to4
the environmental education division within the Department of Wildlife and5
Fisheries, office of wildlife litter abatement and education account which is created6
within the Conservation Fund through the provisions of R.S. 56:10(B)(15).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 the city of New Orleans, shall11
pay for such basic license a fee of thirteen dollars and fifty cents, which shall be the12
cost of such basic license. Three dollars and seventy-five cents of the fee shall be13
paid to the State Police Pension and Retirement Fund. One dollar of the fee shall be14
forwarded by the department to the environmental education division within the15
Department of Wildlife and Fisheries, office of wildlife litter abatement and16
education account which is created within the Conservation Fund through the17
provisions of R.S. 56:10(B)(15).18
(6) The fee for a Class "E" driver's license, or renewal of a Class "E" driver's19
license, issued to bona fide residents of municipalities having a population in excess20
of four hundred fifty thousand the city of New Orleans shall be thirteen dollars and21
fifty cents, two dollars and fifty cents of which fee shall be paid by the department22
to the board of trustees of the police pension funds of such municipalities the city of23
New Orleans. Two dollars and fifty cents of the fee shall be paid to the State Police24
Pension and Retirement Fund. One dollar of the fee shall be forwarded by the25
department to the environmental education division within the Department of26
Wildlife and Fisheries, office of wildlife litter abatement and education account27
which is created within the Conservation Fund through the provisions of R.S.28
56:10(B)(15).29
* * *30 ENROLLEDHB NO. 292
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B.(1) Every applicant for a Class "A", "B", or "C" commercial driver's1
license, or for a renewal of a basic Class "A", "B", or "C" commercial driver's2
license, except for those bona fide residents of cities having a population in excess3
of four hundred fifty thousand the city of New Orleans, shall pay for such basic4
license a fee of forty-one dollars. Ten dollars and eighty cents of the fee shall be5
paid to the State Police Pension and Retirement Fund. One dollar of the fee shall6
be forwarded by the department to the environmental education division within the7
Department of Wildlife and Fisheries, office of wildlife litter abatement and8
education account which is created within the Conservation Fund through the9
provisions of R.S. 56:10(B)(15).10
(2) The fee for a basic Class "A", "B", or "C" commercial driver's license,11
or for the renewal of a basic Class "A", "B", or "C" commercial driver's license,12
issued to bona fide residents of municipalities having a population in excess of four13
hundred fifty thousand the city of New Orleans shall be fifty-one dollars, ten dollars14
of which fee shall be paid by the department to the board of trustees of the police15
pension fund of such municipalities the city of New Orleans. Ten dollars 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)(15).21
* * *22
(7)23
* * *24
(e)(i)(aa) Every applicant seventy years of age or older for a Class "E"25
driver's license, or for the renewal of a Class "E" driver's license, except those bona26
fide residents of cities having a population in excess of four hundred fifty thousand27
the city of New Orleans, shall pay for such basic license a fee of four dollars and28
fifty cents, which shall be the cost of the license. The license shall expire on the29 ENROLLEDHB NO. 292
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anniversary of the birthday of the applicant which is nearest to a date of four years1
subsequent to the issuing of the license, unless revoked, canceled, or suspended.2
* * *3
(cc) Fifty cents of the fee shall be paid to the office of state police. One4
dollar and fifty cents of the fee shall be paid to the State Police Pension and5
Retirement Fund. One dollar of the fee shall be forwarded by the department to the6
environmental education division within the Department of Wildlife and Fisheries,7
office of wildlife litter abatement and education account which is created within the8
Conservation Fund through the provisions of R.S. 56:10(B)(15).9
(dd)(I) Every applicant seventy years of age or older for a Class "D" driver's10
license, or for the renewal of a Class "D" driver's license, except those bona fide11
residents of cities having a population in excess of four hundred fifty thousand the12
city of New Orleans, shall pay for such basic license a fee of fourteen dollars and13
seventy-five cents, which shall be the cost of the license. The license shall expire on14
the anniversary of the birthday of the applicant which is nearest to the date of four15
years subsequent to the issuing of the license, unless revoked, canceled, or16
suspended.17
* * *18
(ee) Three dollars and seventy-one cents of the fee shall be paid to the State19
Police Pension and Retirement Fund. One dollar of the fee shall be forwarded by the20
department to the environmental education division within the Department of21
Wildlife and Fisheries, office of wildlife litter abatement and education account22
which is created within the Conservation Fund through the provisions of R.S.23
56:10(B)(15).24
(ii)(aa) Every applicant seventy years of age or older for a Class "E" driver's25
license, or for the renewal of a Class "E" driver's license, issued to bona fide26
residents of cities having a population in excess of four hundred fifty thousand the27
city of New Orleans, shall pay for such basic license a fee of four dollars and fifty28
cents, which shall be the cost of the license. This license shall expire on the29 ENROLLEDHB NO. 292
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anniversary of the birthday of the applicant which is nearest to a date of four years1
subsequent to the issuing of the license, unless revoked, canceled, or suspended.2
* * *3
(cc) One dollar of the fee shall be paid to the Board of Trustees of the Police4
Pension Fund of said municipalities the city of New Orleans. One dollar of the fee5
shall be paid to the State Police Pension and Retirement Fund. One dollar of the fee6
shall be forwarded by the department to the environmental education division within7
the Department of Wildlife and Fisheries, office of wildlife litter abatement and8
education account which is created within the Conservation Fund through the9
provisions of R.S. 56:10(B)(15).10
(dd)(I) Every applicant seventy years of age or older for a Class "D" driver's11
license, or for the renewal of a Class "D" driver's license, issued to bona fide12
residents of cities having a population in excess of four hundred fifty thousand the13
city of New Orleans, shall pay for such basic license a fee of eighteen dollars and14
fifty cents, which shall be the cost of the license. This license shall expire on the15
anniversary of the birthday of the applicant which is nearest to the date of four years16
subsequent to the issuing of the license, unless revoked, canceled, or suspended.17
* * *18
(ee) Five dollars of the fee shall be payable by the department to the board19
of trustees of the police pension fund of such municipalities the city of New Orleans.20
Sixty-one cents of the fee shall be paid to the State Police Pension and Retirement21
Fund. One dollar of the fee shall be forwarded by the department to the22
environmental education division within the Department of Wildlife and Fisheries,23
office of wildlife litter abatement and education account which is created within the24
Conservation Fund through the provisions of R.S. 56:10(B)(15).25
* * *26
Section 3. R.S. 36:605(B)(4)(a) is hereby amended and reenacted to read as follows:27
§605. Powers and duties of the secretary of wildlife and fisheries28
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B. The secretary shall have authority to:1
* * *2
(4)(a) Enforce the laws of the state and rules and regulations relative to3
wildlife and fisheries, including but not limited to laws, rules, and regulations4
relative to illegal hunting, fishing, and trapping, boating safety regulations, and the5
prohibited methods, times, or seasons, and locations therefor, including the illegal6
transportation, shipping, and sale of wildlife, fish, and other aquatic life and fur-7
bearing animals and alligators, and including the illegal possession of wildlife, game,8
or fish and other aquatic life, and develop and implement litter abatement,9
enforcement, and awareness programs and toward these ends shall appoint not less10
than twenty-five wildlife agents, whose entire time, under the direction of the11
secretary, shall be devoted to the performance of their official duties as prescribed12
by law. Notwithstanding R.S. 40:5, the secretary shall have authority to enforce the13
laws specifically assigned by statute to the Department of Health and Hospitals and14
any rules or regulations promulgated thereunder for the purpose of regulating the15
harvesting, processing, or distribution of molluscan shellfish.16
* * *17
Section 4. R.S. 47:463.43(A), (D), and (E) are hereby amended and reenacted to read18
as follows:19
§463.43. Special license plates; environmental education division20
A. The Department of Public Safety and Corrections shall establish a special21
prestige motor vehicle license plate for the environmental education division within22
by the Department of Wildlife and Fisheries, office of wildlife, R.S. 30:2503 et seq23
for the purposes provided in R.S. 56:10(B)(15). The license plates shall be restricted24
to use on passenger cars, pickup trucks, vans, and recreational vehicles.25
* * *26
D. The department shall collect the donation for each license plate and27
forward the donation as provided in Subsection C of this Section to the28
environmental education division Department of Wildlife and Fisheries. The one29
dollar handling fee as provided in Subsection C of this Section shall be retained by30 ENROLLEDHB NO. 292
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the department to offset the administrative costs. The funds received by the1
environmental education division Department of Wildlife and Fisheries office of2
wildlife pursuant to this Section shall be deposited in the Louisiana Environmental3
Education Fund, R.S. 30:2511 litter abatement and education account which is4
created within the Conservation Fund through the provisions of R.S. 56:10(B)(15),5
and used solely for the purposes of that fund.6
E. The secretary with the assistance of the environmental education division7
shall establish such rules and regulations as are necessary to implement the8
provisions of this Section, including but not limited to rules and regulations9
governing the collection and disbursement of the donation, the transfer and10
disposition of such license plates, the colors available, and the design criteria. The11
design shall include the use of the environmental education division logo.12
* * *13
Section 5. R.S. 56:10(B)(15) is hereby enacted to read as follows:14
§10. Annual report to governor; estimate of proposed expenditures; particular funds;15
warrants; vouchers; surplus funds16
* * *17
B.18
* * *19
(15) There is hereby created within the Conservation Fund a special account20
known as the "litter abatement and education account" which shall consist of all21
revenue collected from the sale of the environmental education license plate22
provided for in R.S. 47:463.43; all revenue received from the Department of Public23
Safety and Corrections, office of motor vehicles, pursuant to R.S. 32:412(A)(1);24
funds from public or private donations and any other source which may specify25
deposit to this account; and any remaining balance in the Louisiana Environmental26
Education Fund as of August 15, 2011. The revenues shall be subject to the same27
requirements as provided for other revenues placed in the Conservation Fund in28
Paragraph (1) of this Subsection. The funds in this account shall be used solely for29
litter abatement and enforcement; public service announcements; develop, review,30 ENROLLEDHB NO. 292
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approve, and implement a plan for statewide environmental education; for the1
training of operators of vehicles regarding littering; to finance local littering2
enforcement activities in order to promote public safety, order, and general welfare3
by making the streets, roads, rivers, streams, bayous, lakes, waterways, and highways4
of Louisiana clean, safe, and free of debris, litter, and other material falling from or5
being thrown from vehicles; and to award grants to nonprofit organizations and6
public agencies for the development, dissemination, and assessment of such7
education programs.8
* * *9
Section 6. R.S. 30:2504 and 2511 and R.S. 36:609(B)(4) and Section 3 of Act No.10
527 of the 2003 Regular Session of the Legislature, Act No. 363 of the 2004 Regular Session11
of the Legislature, Act No.190 of the 2007 Regular Session of the Legislature, R.S.12
30:2532(C) and (D), and R.S. 32:412(A)(1), (2), (5), (6), (B)(1), (2), (7)(e)(i)(aa), (dd)(I),13
(e)(ii)(aa), and (dd)(I) as amended by Act No. 9 of the 2011 First Extraordinary Session of14
the Legislature are hereby repealed in their entirety.15
Section 7. This Act shall become effective on July 1, 2011; if vetoed by the governor16
and subsequently approved by the legislature, this Act shall become effective on July 1,17
2011, or on the day following such approval by the legislature, whichever is later.18
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: