Page 1 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011 ENROLLED
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.
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
each parish of this state for children who are fifteen years of age and older. The18
program shall consist of a course of not less than eight hours of actual driving19
experience and thirty hours of classroom instruction. A child who is in at least the20
ninth grade and is within ninety days of his fifteenth birthday may participate in the21
classroom instruction component of the program. The State Board of Elementary and22
Secondary Education shall provide written notice to each city, parish, and other local23
public school board of the requirements of this Subsection. The aims and purposes24
ACT No. 317 SB NO. 222 ENROLLED
Page 2 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of the driver education and training program shall be to educate drivers to be1
competent and to develop a knowledge of those provisions of the law of this state2
relating to the operation of motor vehicles, a proper acceptance of personal3
responsibility in traffic, a true appreciation of the causes, seriousness, and4
consequences of traffic accidents, and the knowledge, attitudes, habits, and skills5
necessary for the safe operation of motor vehicles. The course shall include training6
on railroad and highway grade crossing safety and on sharing the road with7
motorcycles, tractor-trailer trucks, pedestrians, bicyclists, and transit vehicles, and8
at least thirty minutes of instruction relative to organ and tissue donation and9
relative to the economic effects of littering. The State Board of Elementary and10
Secondary Education and the state Department of Education shall develop the organ11
and tissue portion of the driver education and training program in conjunction with12
the federally designated organ procurement organization for the state of Louisiana.13
However, no student shall be required to take the organ and tissue donation14
instruction if his parent or tutor submits a written statement indicating that such15
instruction conflicts with the religious beliefs of the student. The State Board of16
Elementary and Secondary Education and the state Department of Education17
shall develop the economic effects of littering portion of the driver education18
and training program in conjunction with Keep Louisiana Beautiful, Inc. Prior19
to implementation, the Department of Education shall adopt a rule relating to20
such litter portion of the driver education and training program so developed21
and shall submit the rule for oversight review to the House and Senate22
committees on transportation, highways, and public works in accordance with23
the Administrative Procedure Act.24
* * *25
§271. Driver training required for certain adults; same purpose and use of same26
facilities as in program for children27
A.(1) * * *28
(2) The program shall consist of a course of not less than six hours of actual29
driving experience and thirty hours of classroom instruction which shall include30 SB NO. 222 ENROLLED
Page 3 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
training on railroad and highway grade crossing safety and on sharing the road with1
motorcycles and tractor-trailer trucks and at least thirty minutes of instruction2
relative to organ and tissue donation and relative to the economic effects of3
littering. The State Board of Elementary and Secondary Education and the state4
Department of Education shall develop the organ and tissue donation portion of the5
driver education and training program in conjunction with the federally designated6
organ procurement organization for the state of Louisiana. However, no student shall7
be required to take the organ and tissue donation instruction provided he submits a8
written statement indicating that such instruction conflicts with his religious beliefs.9
The State Board of Elementary and Secondary Education and the state10
Department of Education shall develop the economic effects of littering portion11
of the driver education and training program in conjunction with Keep12
Louisiana Beautiful, Inc. Prior to implementation, the Department of Education13
shall adopt a rule relating to such litter portion of the driver education and14
training program so developed and shall submit the rule for oversight review15
to the House and Senate committees on transportation, highways, and public16
works in accordance with the Administrative Procedure Act.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
and on sharing the road with motorcycles and tractor/trailer trucks and at least thirty30 SB NO. 222 ENROLLED
Page 4 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
minutes of instruction relative to organ and tissue donation and relative to the1
economic effects of littering, approved by the Department of Public Safety and2
Corrections or the Department of Education.3
(2) A "prelicensing training course" if a behind-the-wheel course is not4
completed. The prelicensing training course shall consist of a minimum of six hours5
of instruction in the National Safety Council's defensive driving course, Louisiana's6
traffic safety laws, and substance abuse education, or shall be an equivalent course7
approved and certified by the Department of Public Safety and Corrections. The8
course shall include training in railroad and highway grade crossing safety and on9
sharing the road with motorcycles and tractor/trailer trucks and at least thirty minutes10
of instruction relative to organ and tissue donation and relative to the economic11
effects of littering. The secretary of the Department of Public Safety and12
Corrections shall adopt rules relating to the "driver education course" and13
"prelicensing training course". Oversight review of these rules shall be conducted by14
the House and Senate Committees on Transportation, Highways and Public Works.15
The rules shall provide for:16
(a) Licensing of training agencies.17
(b) Course content and presentation.18
(c) Instructor qualifications and certification.19
(d) Classroom size and facilities.20
(e) Certificates of completion.21
(f) Required records and reporting.22
(g) Fees, which shall not exceed fifty dollars per student.23
(h) Penalties.24
(3)(a) * * *25
(c) The portion of the "driver education course" or "prelicensing26
training course" approved by the Department of Public Safety and Corrections27
involving instruction on the economic effects of littering shall be developed in28
conjunction with Keep Louisiana Beautiful, Inc., and adopted by rule. Prior to29
implementation, the rule shall be submitted for oversight review to the House30 SB NO. 222 ENROLLED
Page 5 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
and Senate committees on transportation, highways, and public works in1
accordance with the Administrative Procedure Act.2
* * *3
§402.2. Driver improvement program for remediation4
The Department of Public Safety and Corrections, office of motor vehicles,5
may approve court-ordered driver remediation courses or programs, in the same6
manner as "prelicensing training courses" are approved in R.S. 32:402.1(A)(2). All7
such approved driver remediation courses or programs shall include instruction on8
railroad grade crossing safety and on sharing the road with motorcycles and9
tractor/trailer trucks and at least thirty minutes of instruction relative to organ and10
tissue donation and relative to the economic effects of littering. The State Board11
of Elementary and Secondary Education and the state Department of Education shall12
develop the organ and tissue donation portion of the driver education and training13
program in conjunction with the federally designated organ procurement14
organization for the state of Louisiana. However, no student shall be required to take15
the organ and tissue donation instruction if he, or his parent or tutor if the student is16
a minor, submits a written statement indicating that such instruction conflicts with17
his religious beliefs. The State Board of Elementary and Secondary Education18
and the state Department of Education shall develop the economic effects of19
littering portion of the driver education and training program in conjunction20
with Keep Louisiana Beautiful, Inc. Prior to implementation, the Department21
of Education shall adopt a rule relating to such litter portion of the driver22
education and training program so developed and shall submit the rule for23
oversight review to the House and Senate committees on transportation,24
highways, and public works in accordance with the Administrative Procedure25
Act. The department shall compile and maintain a list of all department-approved26
courses which shall be delivered to all persons who are decreed by a court to be27
traffic violators and who are ordered by a court to attend a driver improvement28
course for remediation purposes. The court shall allow a violator to select a course29
within the judicial district in which he resides if there is no court-approved driving30 SB NO. 222 ENROLLED
Page 6 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
course in such district provided that it is one of the courses on the department-1
approved list.2
* * *3
§408. Examination of applicants required; classes of licenses4
A.(1) Except as otherwise provided, every applicant must pass a written5
knowledge and skills test for a motor vehicle representative of the type of motor6
vehicle he operates or expects to operate, or provide evidence on a form approved7
by the department that he has successfully passed the written knowledge test and a8
driving or skills test administered by an authorized third party. In addition to the9
specialized knowledge and skills tests, each such examination shall include: a test10
of: the applicant's eyesight; his ability to understand highway signs regulating,11
warning, and directing traffic; his knowledge of railroad and highway grade crossing12
safety; his knowledge of sharing the road with motorcycles and tractor/trailer trucks;13
his knowledge of the economic effects of littering; and his knowledge of all14
relevant traffic regulations.15
* * *16
(3) Each knowledge test for a Group "D" or "E" vehicle shall contain at least17
thirty thirty-two items, exclusive of the number of items testing airbrake knowledge.18
Not less than two of the thirty thirty-two items shall be relative to railroad and19
highway grade crossing safety. Not less than two of the thirty-two items shall be20
relative to the economic effects of littering. For each endorsement, the knowledge21
test and the airbrake component of the basic knowledge test shall contain a number22
of questions that is are sufficient to test the applicant's knowledge of the required23
subject matter with validity and reliability. The applicant for a Class "A", "B", "C",24
"D", or "E" license shall correctly answer at least eighty percent of the questions on25
each knowledge test in order to achieve a passing score on such knowledge test. To26
achieve a passing score on the skills test, an applicant for a Class "A", "B", "C", "D",27
or "E" license shall demonstrate that he can successfully perform all of the required28
skills. If an applicant for a Class "A", "B", or "C" commercial driver's license scores29
less than eighty percent on the airbrake component of the basic knowledge test, the30 SB NO. 222 ENROLLED
Page 7 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
driver shall fail the airbrake component and, if the driver is issued a driver's license,1
an airbrake restriction shall be indicated on the commercial driver's license. If an2
applicant for a Class "A", "B", or "C" commercial driver's license performs the skills3
test in a vehicle not equipped with air brakes, the driver shall have omitted the4
airbrake component of the skills test and, if the driver is issued a driver's license, the5
airbrake restriction shall be indicated on the license.6
* * *7
Section 4. This Act shall become effective on January 1, 2012.8
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: