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Regular Session, 2011
SENATE BILL NO. 222
BY SENATORS MILLS, ADLEY, ERDEY, HEITMEIER, MCPHERSON, MOUNT AND
SHAW
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MOTOR VEHICLES. Requires driver education courses, training programs, and
prelicensing training courses for children and adults to include teaching the economic effects
of littering. (1/1/12)
AN ACT1
To amend and reenact R.S. 17:270(A) and 271(A)(2) and R.S. 32:402.1(A)(1) and (2),2
402.2, and 408(A)(1) and (3); and to enact R.S. 32:402.1(A)(3)(c), relative to3
requiring driver education courses, training programs, and prelicensing training4
courses for children and adults to include teaching the economic effects of littering;5
to name this Act the "Louisiana Increases Tourism Through Environmental6
Responsibility Act of 2011" or "LITTER Act of 2011"; and to provide for related7
matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. This Act shall be known as the "Louisiana Increases Tourism Through10
Environmental Responsibility Act of 2011" or "LITTER Act of 2011".11
Section 2. R.S. 17:270(A) and 271(A)(2) are hereby amended and reenacted to read12
as follows: 13
§270. Driver education and training program for children14
A. The State Board of Elementary and Secondary Education and the state15
Department of Education, in consultation with the Department of Public Safety and16
Corrections, shall establish and operate a driver education and training program in17 SB NO. 222
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each parish of this state for children who are fifteen years of age and older. The1
program shall consist of a course of not less than eight hours of actual driving2
experience and thirty hours of classroom instruction. A child who is in at least the3
ninth grade and is within ninety days of his fifteenth birthday may participate in the4
classroom instruction component of the program. The State Board of Elementary and5
Secondary Education shall provide written notice to each city, parish, and other local6
public school board of the requirements of this Subsection. The aims and purposes7
of the driver education and training program shall be to educate drivers to be8
competent and to develop a knowledge of those provisions of the law of this state9
relating to the operation of motor vehicles, a proper acceptance of personal10
responsibility in traffic, a true appreciation of the causes, seriousness, and11
consequences of traffic accidents, and the knowledge, attitudes, habits, and skills12
necessary for the safe operation of motor vehicles. The course shall include training13
on railroad and highway grade crossing safety and on sharing the road with14
motorcycles, tractor-trailer trucks, pedestrians, bicyclists, and transit vehicles, and15
at least thirty minutes of instruction relative to organ and tissue donation and at least16
thirty minutes of instruction relative to the economic effects of littering. The17
State Board of Elementary and Secondary Education and the state Department of18
Education shall develop the organ and tissue portion of the driver education and19
training program in conjunction with the federally designated organ procurement20
organization for the state of Louisiana. However, no student shall be required to take21
the organ and tissue donation instruction if his parent or tutor submits a written22
statement indicating that such instruction conflicts with the religious beliefs of the23
student. The State Board of Elementary and Secondary Education and the state24
Department of Education shall develop the economic effects of littering portion25
of the driver education and training program in conjunction with Keep26
Louisiana Beautiful, Inc.27
* * *28
§271. Driver training required for certain adults; same purpose and use of same29 SB NO. 222
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facilities as in program for children1
A.(1) * * *2
(2) The program shall consist of a course of not less than six hours of actual3
driving experience and thirty hours of classroom instruction which shall include4
training on railroad and highway grade crossing safety and on sharing the road with5
motorcycles and tractor-trailer trucks and at least thirty minutes of instruction6
relative to organ and tissue donation and at least thirty minutes of instruction7
relative to the economic effects of littering. The State Board of Elementary and8
Secondary Education and the state Department of Education shall develop the organ9
and tissue donation portion of the driver education and training program in10
conjunction with the federally designated organ procurement organization for the11
state of Louisiana. However, no student shall be required to take the organ and tissue12
donation instruction provided he submits a written statement indicating that such13
instruction conflicts with his religious beliefs. The State Board of Elementary and14
Secondary Education and the state Department of Education shall develop the15
economic effects of littering portion of the driver education and training16
program in conjunction with Keep Louisiana Beautiful, Inc.17
* * *18
Section 3. R.S. 32:402.1(A)(1) and (2), 402.2, and 408(A)(1) and (3) are hereby19
amended and reenacted and R.S. 32:402.1(A)(3)(c) is hereby enacted to read as follows:20
§402.1. Driver education; required21
A. No application for a license for the operation of a motor vehicle shall be22
received from any person seventeen years or older making application for the first23
time unless there is also submitted with the application, on a form approved by the24
secretary of the Department of Public Safety and Corrections or the Department of25
Education, written evidence of the successful completion by the applicant of:26
(1) A "driver education course", which shall consist of not less than eight27
hours of actual driving experience and thirty hours of classroom instruction,28
including but not limited to training on railroad and highway grade crossing safety29 SB NO. 222
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and on sharing the road with motorcycles and tractor/trailer trucks and at least thirty1
minutes of instruction relative to organ and tissue donation and at least thirty2
minutes of instruction relative to the economic effects of littering, approved by3
the Department of Public Safety and Corrections or the Department of Education.4
(2) A "prelicensing training course" if a behind-the-wheel course is not5
completed. The prelicensing training course shall consist of a minimum of six hours6
of instruction in the National Safety Council's defensive driving course, Louisiana's7
traffic safety laws, and substance abuse education, or shall be an equivalent course8
approved and certified by the Department of Public Safety and Corrections. The9
course shall include training in railroad and highway grade crossing safety and on10
sharing the road with motorcycles and tractor/trailer trucks and at least thirty minutes11
of instruction relative to organ and tissue donation and at least thirty minutes of12
instruction relative to the economic effects of littering. The secretary of the13
Department of Public Safety and Corrections shall adopt rules relating to the14
"prelicensing training course". Oversight review of these rules shall be conducted by15
the House and Senate Committees on Transportation, Highways and Public Works.16
The rules shall provide for:17
(a) Licensing of training agencies.18
(b) Course content and presentation.19
(c) Instructor qualifications and certification.20
(d) Classroom size and facilities.21
(e) Certificates of completion.22
(f) Required records and reporting.23
(g) Fees, which shall not exceed fifty dollars per student.24
(h) Penalties.25
(3)(a) * * *26
(c) The portion of the "driver education course" or "prelicensing27
training course" approved by the Department of Public Safety and Corrections28
involving instruction on the economic effects of littering shall be developed in29 SB NO. 222
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conjunction with Keep Louisiana Beautiful, Inc.1
* * *2
§402.2. Driver improvement program for remediation3
The Department of Public Safety and Corrections, office of motor vehicles,4
may approve court-ordered driver remediation courses or programs, in the same5
manner as "prelicensing training courses" are approved in R.S. 32:402.1(A)(2). All6
such approved driver remediation courses or programs shall include instruction on7
railroad grade crossing safety and on sharing the road with motorcycles and8
tractor/trailer trucks and at least thirty minutes of instruction relative to organ and9
tissue donation and at least thirty minutes of instruction relative to the economic10
effects of littering. The State Board of Elementary and Secondary Education and the11
state Department of Education shall develop the organ and tissue donation portion12
of the driver education and training program in conjunction with the federally13
designated organ procurement organization for the state of Louisiana. However, no14
student shall be required to take the organ and tissue donation instruction if he, or his15
parent or tutor if the student is a minor, submits a written statement indicating that16
such instruction conflicts with his religious beliefs. The State Board of Elementary17
and Secondary Education and the state Department of Education shall develop18
the economic effects of littering portion of the driver education and training19
program in conjunction with Keep Louisiana Beautiful, Inc. The department20
shall compile and maintain a list of all department-approved courses which shall be21
delivered to all persons who are decreed by a court to be traffic violators and who are22
ordered by a court to attend a driver improvement course for remediation purposes.23
The court shall allow a violator to select a course within the judicial district in which24
he resides if there is no court-approved driving course in such district provided that25
it is one of the courses on the department-approved list.26
* * *27
§408. Examination of applicants required; classes of licenses28
A.(1) Except as otherwise provided, every applicant must pass a written29 SB NO. 222
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knowledge and skills test for a motor vehicle representative of the type of motor1
vehicle he operates or expects to operate, or provide evidence on a form approved2
by the department that he has successfully passed the written knowledge test and a3
driving or skills test administered by an authorized third party. In addition to the4
specialized knowledge and skills tests, each such examination shall include: a test5
of the applicant's eyesight; his ability to understand highway signs regulating,6
warning, and directing traffic; his knowledge of railroad and highway grade crossing7
safety; his knowledge of sharing the road with motorcycles and tractor/trailer trucks;8
his knowledge of the economic effects of littering; and his knowledge of all9
relevant traffic regulations.10
* * *11
(3) Each knowledge test for a Group "D" or "E" vehicle shall contain at least12
thirty thirty-two items, exclusive of the number of items testing airbrake knowledge.13
Not less than two of the thirty thirty-two items shall be relative to railroad and14
highway grade crossing safety. Not less than two of the thirty-two items shall be15
relative to the economic effects of littering. For each endorsement, the knowledge16
test and the airbrake component of the basic knowledge test shall contain a number17
of questions that is sufficient to test the applicant's knowledge of the required subject18
matter with validity and reliability. The applicant for a Class "A", "B", "C", "D", or19
"E" license shall correctly answer at least eighty percent of the questions on each20
knowledge test in order to achieve a passing score on such knowledge test. To21
achieve a passing score on the skills test, an applicant for a Class "A", "B", "C", "D",22
or "E" license shall demonstrate that he can successfully perform all of the required23
skills. If an applicant for a Class "A", "B", or "C" commercial driver's license scores24
less than eighty percent on the airbrake component of the basic knowledge test, the25
driver shall fail the airbrake component and, if the driver is issued a driver's license,26
an airbrake restriction shall be indicated on the commercial driver's license. If an27
applicant for a Class "A", "B", or "C" commercial driver's license performs the skills28
test in a vehicle not equipped with air brakes, the driver shall have omitted the29 SB NO. 222
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airbrake component of the skills test and, if the driver is issued a driver's license, the1
airbrake restriction shall be indicated on the license.2
* * *3
Section 4. This Act shall become effective on January 1, 2012.4
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Mills (SB 222)
Proposed law retains present law requirements regarding driver education courses, training
programs, and prelicensing training courses for children and adults and will require such
driver education courses, training programs, and prelicensing training courses have at least
thirty minutes of instruction relative to the economic effects of littering.
Proposed law requires the economic effects of littering portion of driver education courses,
training programs, and prelicensing training courses be developed in conjunction with Keep
Louisiana Beautiful, Inc.
Proposed law increases the number of knowledge test questions from 30 to 32 and requires
that a least 2 test questions be on the economic effects of littering.
Effective January 1, 2012.
(Amends R.S. 17:270(A) and 271(A)(2) and R.S. 32:402.1(A)(1) and (2), 402.2, and
408(A)(1) and (3); adds R.S. 32:402.1(A)(3)(c))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill.
1. Names the Act the "Louisiana Increases Tourism Through Environmental
Responsibility Act of 2011" or "LITTER Act of 2011".