Louisiana 2016 2016 Regular Session

Louisiana House Bill HB631 Comm Sub / Analysis

                    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)]
HB 631 Engrossed	2016 Regular Session	Miguez
Abstract:  Adds all-terrain vehicle and utility terrain vehicle tires and spare tires into the Waste Tire
Program and authorizes charges for delinquent submission of collected fees and reports.
Present law provides that $2 per passenger/light truck tire, $5 per medium truck tire, and $10 per
off-road tire be collected for every tire sold.  These fees are deposited into the Waste Tire
Management Fund which is used to operate the waste tire program in the Dept. of Environmental
Quality.  One aspect of that program is to reimburse waste tire processors from the fund for
scrapping waste tires generated within the state.
Present law defines "tire" as a continuous solid or pneumatic rubber covering encircling the wheel
of a motor vehicle or off-road vehicle.  Proposed law retains present law and adds spare tires to the
definition of tire.
Present law defines "motor vehicle" as an automobile or motorcycle that is operated either on-road
or off-road, truck, trailer, semitrailer, truck-tractor and semitrailer combination, or any other vehicle
operated in this state, and propelled by power other than muscular power, but the term does not
include bicycles and mopeds.
Proposed law retains present law and adds all-terrain vehicle and utility terrain vehicle to the
definition.
Present law defines a "passenger/light truck/small farm service tire" as a tire weighing less than 100
lbs. and normally used on automobiles and motorcycles that are operated either on-road or off-road,
pickup trucks, sport utility vehicles, front steer tractors, and farm implement service vehicles.
Proposed law adds tires used on all-terrain vehicles and utility terrain vehicles to the definition.
Present law provides for a judicial process to collect delinquent fees that may result in a court order
to cease further pursuit of business.
Proposed law retains present law and authorizes the secretary to impose a delinquent fee of 10% of
the unpaid fee or $25, whichever is greater, on any person failing to timely remit waste tire fees. 
Proposed law also imposes a delinquent fee of $25 upon any person failing to timely submit a
required monthly waste tire fee report.
Proposed law dedicates the proceeds from the delinquent fee provided for in proposed law to special waste tire projects as determined by the secretary.  Proposed law requires any such proceeds
remaining at the end of the fiscal year that have not been used for special projects be deposited in
the Waste Tire Management Fund.
Effective Oct. 1, 2016.
(Amends R.S. 30:2412(5), (6.1), and (19); Adds R.S. 30:2418(O)(5)) Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill:
1. Add spare tires to the definition of tire.
2. Dedicate proceeds from the delinquent fee provided for in proposed law to special waste
tire projects.
3. Require any proceeds that have not been used for special projects by the end of the fiscal
year be deposited in the Waste Tire Management Fund.
4. Add an effective date of  Oct. 1, 2016.
5. Make technical changes.