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Regular Session, 2011
SENATE BILL NO. 222
BY SENATORS MILLS, ADLEY, ERDEY, HEITMEIER, MCPHERSON, MOUNT,
SHAW AND THOMPSON
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 and16
relative to the economic effects of littering. The State Board of Elementary and17
Secondary Education and the state Department of Education shall develop the organ18
and tissue portion of the driver education and training program in conjunction with19
the federally designated organ procurement organization for the state of Louisiana.20
However, no student shall be required to take the organ and tissue donation21
instruction if his parent or tutor submits a written statement indicating that such22
instruction conflicts with the religious beliefs of the student. The State Board of23
Elementary and Secondary Education and the state Department of Education24
shall develop the economic effects of littering portion of the driver education25
and training program in conjunction with Keep Louisiana Beautiful, Inc. Prior26
to implementation, the Department of Education shall adopt a rule relating to27
such litter portion of the driver education and training program so developed28
and shall submit the rule for oversight review to the House and Senate29 SB NO. 222
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committees on transportation, highways, and public works in accordance with1
the Administrative Procedure Act.2
* * *3
§271. Driver training required for certain adults; same purpose and use of same4
facilities as in program for children5
A.(1) * * *6
(2) The program shall consist of a course of not less than six hours of actual7
driving experience and thirty hours of classroom instruction which shall include8
training on railroad and highway grade crossing safety and on sharing the road with9
motorcycles and tractor-trailer trucks and at least thirty minutes of instruction10
relative to organ and tissue donation and relative to the economic effects of11
littering. The State Board of Elementary and Secondary Education and the state12
Department of Education shall develop the organ and tissue donation portion of the13
driver education and training program in conjunction with the federally designated14
organ procurement organization for the state of Louisiana. However, no student shall15
be required to take the organ and tissue donation instruction provided he submits a16
written statement indicating that such instruction conflicts with his religious beliefs.17
The State Board of Elementary and Secondary Education and the state18
Department of Education shall develop the economic effects of littering portion19
of the driver education and training program in conjunction with Keep20
Louisiana Beautiful, Inc. Prior to implementation, the Department of Education21
shall adopt a rule relating to such litter portion of the driver education and22
training program so developed and shall submit the rule for oversight review23
to the House and Senate committees on transportation, highways, and public24
works in accordance with the Administrative Procedure Act.25
* * *26
Section 3. R.S. 32:402.1(A)(1) and (2), 402.2, and 408(A)(1) and (3) are hereby27
amended and reenacted and R.S. 32:402.1(A)(3)(c) is hereby enacted to read as follows:28
§402.1. Driver education; required29 SB NO. 222
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A. No application for a license for the operation of a motor vehicle shall be1
received from any person seventeen years or older making application for the first2
time unless there is also submitted with the application, on a form approved by the3
secretary of the Department of Public Safety and Corrections or the Department of4
Education, written evidence of the successful completion by the applicant of:5
(1) A "driver education course", which shall consist of not less than eight6
hours of actual driving experience and thirty hours of classroom instruction,7
including but not limited to training on railroad and highway grade crossing safety8
and on sharing the road with motorcycles and tractor/trailer trucks and at least thirty9
minutes of instruction relative to organ and tissue donation and relative to the10
economic effects of littering, approved by the Department of Public Safety and11
Corrections or the Department of Education.12
(2) A "prelicensing training course" if a behind-the-wheel course is not13
completed. The prelicensing training course shall consist of a minimum of six hours14
of instruction in the National Safety Council's defensive driving course, Louisiana's15
traffic safety laws, and substance abuse education, or shall be an equivalent course16
approved and certified by the Department of Public Safety and Corrections. The17
course shall include training in railroad and highway grade crossing safety and on18
sharing the road with motorcycles and tractor/trailer trucks and at least thirty minutes19
of instruction relative to organ and tissue donation and relative to the economic20
effects of littering. The secretary of the Department of Public Safety and21
Corrections shall adopt rules relating to the "driver education course" and22
"prelicensing training course". Oversight review of these rules shall be conducted by23
the House and Senate Committees on Transportation, Highways and Public Works.24
The rules shall provide for:25
(a) Licensing of training agencies.26
(b) Course content and presentation.27
(c) Instructor qualifications and certification.28
(d) Classroom size and facilities.29 SB NO. 222
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(e) Certificates of completion.1
(f) Required records and reporting.2
(g) Fees, which shall not exceed fifty dollars per student.3
(h) Penalties.4
(3)(a) * * *5
(c) The portion of the "driver education course" or "prelicensing6
training course" approved by the Department of Public Safety and Corrections7
involving instruction on the economic effects of littering shall be developed in8
conjunction with Keep Louisiana Beautiful, Inc., and adopted by rule. Prior to9
implementation, the rule shall be submitted for oversight review to the House10
and Senate committees on transportation, highways, and public works in11
accordance with the Administrative Procedure Act.12
* * *13
§402.2. Driver improvement program for remediation14
The Department of Public Safety and Corrections, office of motor vehicles,15
may approve court-ordered driver remediation courses or programs, in the same16
manner as "prelicensing training courses" are approved in R.S. 32:402.1(A)(2). All17
such approved driver remediation courses or programs shall include instruction on18
railroad grade crossing safety and on sharing the road with motorcycles and19
tractor/trailer trucks and at least thirty minutes of instruction relative to organ and20
tissue donation and relative to the economic effects of littering. The State Board21
of Elementary and Secondary Education and the state Department of Education shall22
develop the organ and tissue donation portion of the driver education and training23
program in conjunction with the federally designated organ procurement24
organization for the state of Louisiana. However, no student shall be required to take25
the organ and tissue donation instruction if he, or his parent or tutor if the student is26
a minor, submits a written statement indicating that such instruction conflicts with27
his religious beliefs. The State Board of Elementary and Secondary Education28
and the state Department of Education shall develop the economic effects of29 SB NO. 222
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littering portion of the driver education and training program in conjunction1
with Keep Louisiana Beautiful, Inc. Prior to implementation, the Department2
of Education shall adopt a rule relating to such litter portion of the driver3
education and training program so developed and shall submit the rule for4
oversight review to the House and Senate committees on transportation,5
highways, and public works in accordance with the Administrative Procedure6
Act. The department shall compile and maintain a list of all department-approved7
courses which shall be delivered to all persons who are decreed by a court to be8
traffic violators and who are ordered by a court to attend a driver improvement9
course for remediation purposes. The court shall allow a violator to select a course10
within the judicial district in which he resides if there is no court-approved driving11
course in such district provided that it is one of the courses on the department-12
approved list.13
* * *14
§408. Examination of applicants required; classes of licenses15
A.(1) Except as otherwise provided, every applicant must pass a written16
knowledge and skills test for a motor vehicle representative of the type of motor17
vehicle he operates or expects to operate, or provide evidence on a form approved18
by the department that he has successfully passed the written knowledge test and a19
driving or skills test administered by an authorized third party. In addition to the20
specialized knowledge and skills tests, each such examination shall include: a test21
of: the applicant's eyesight; his ability to understand highway signs regulating,22
warning, and directing traffic; his knowledge of railroad and highway grade crossing23
safety; his knowledge of sharing the road with motorcycles and tractor/trailer trucks;24
his knowledge of the economic effects of littering; and his knowledge of all25
relevant traffic regulations.26
* * *27
(3) Each knowledge test for a Group "D" or "E" vehicle shall contain at least28
thirty thirty-two items, exclusive of the number of items testing airbrake knowledge.29 SB NO. 222
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Not less than two of the thirty thirty-two items shall be relative to railroad and1
highway grade crossing safety. Not less than two of the thirty-two items shall be2
relative to the economic effects of littering. For each endorsement, the knowledge3
test and the airbrake component of the basic knowledge test shall contain a number4
of questions that is are sufficient to test the applicant's knowledge of the required5
subject matter with validity and reliability. The applicant for a Class "A", "B", "C",6
"D", or "E" license shall correctly answer at least eighty percent of the questions on7
each knowledge test in order to achieve a passing score on such knowledge test. To8
achieve a passing score on the skills test, an applicant for a Class "A", "B", "C", "D",9
or "E" license shall demonstrate that he can successfully perform all of the required10
skills. If an applicant for a Class "A", "B", or "C" commercial driver's license scores11
less than eighty percent on the airbrake component of the basic knowledge test, the12
driver shall fail the airbrake component and, if the driver is issued a driver's license,13
an airbrake restriction shall be indicated on the commercial driver's license. If an14
applicant for a Class "A", "B", or "C" commercial driver's license performs the skills15
test in a vehicle not equipped with air brakes, the driver shall have omitted the16
airbrake component of the skills test and, if the driver is issued a driver's license, the17
airbrake restriction shall be indicated on the license.18
* * *19
Section 4. This Act shall become effective on January 1, 2012.20
The original instrument was prepared by Sharon F. Lyles. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Dawn Romero Watson.
DIGEST
Mills (SB 222)
Present law provides for BESE and DOE, in consultation with DPS&C, to establish and
operate a drivers education and training program for children 15 years of age or older as well
as for adults.
Proposed law adds that such courses shall include instruction relative to the economic effects
of littering. Provides that such instruction shall be developed by BESE and DOE in
conjunction with Keep Louisiana Beautiful, Inc. Requires that prior to implementation,
DOE adopt a rule relating to such litter program with legislative oversight of the House and
Senate committees on transportation, highways and public works. SB NO. 222
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words in boldface type and underscored are additions.
Present law requires proof of successful completion of an approved drivers education course
or prelicensing training course in order to apply for a drivers license for the first time.
Proposed law retains present law and adds instruction relative to the economic effects of
littering as part of the required curriculum for an approved driver education course or
prelicensing training course. Provides that the portion of the driver education course or
prelicensing course approved by DPS&C involving instruction on the economic effects of
littering be developed in conjunction with Keep Louisiana Beautiful, Inc., and be adopted
by rule. Requires that prior to implementation, the rule be submitted to the House and Senate
committees on transportation, highways and public works.
Proposed law increases the number of knowledge test questions from 30 to 32 and requires
that a least two test questions be on the economic effects of littering.
Proposed law provides that it shall be known as the Louisiana Increases Tourism Through
Environmental Responsibility Act of 2011 or LITTER Act of 2011.
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".
Senate Floor Amendments to engrossed bill.
1. Includes instruction on economic effects of littering to the present law
requirement of at least 30 minutes of instruction on organ and tissue
donation.
2. Adds requirement that BESE and DOE's driver education and training
program on the economic effects of littering program be adopted by DOE
rule with legislative oversight of House and Senate committees on
transportation, highways and public works.