Louisiana 2022 2022 Regular Session

Louisiana House Bill HB765 Introduced / Bill

                    HLS 22RS-1077	ORIGINAL
2022 Regular Session
HOUSE BILL NO. 765
BY REPRESENTATIVE CARRIER
ENVIRONMENT/LITTERING:  Separates litter abatement responsibilities, grant program,
and fund account from the environmental education section of the Department of
Education, and places them with the Department of Culture, Recreation, and Tourism
1	AN ACT
2To amend and reenact R.S. 17:200, 203(7) and 205(Section heading) and (A), R.S.
3 30:2531(C)(4) and 2532(A)(5), R.S. 32:412(A)(1), (2), (5), and (6), and (B)(1), (2),
4 and (7)(e)(i)(cc) and (ee) and (ii)(cc) and (ee), R.S. 47:463.43(Section heading), (A), 
5 and (D), and R.S. 56:10(B)(15) and to enact R.S. 17:215(E), Chapter 17-A of Title
6 49 of the Revised Statutes of 1950, to be comprised of R.S. 49:1131 through 1143,
7 and R.S. 56:10(B)(17) and to repeal R.S. 17:203(3) through (6), 204, 205(C), and
8 206 through 214 and R.S. 30:2532(B), relative to litter abatement responsibilities,
9 programs, and funding; to remove litter reduction and litter awareness functions from
10 the Department of Education and place them within the Department of Culture,
11 Recreation, and Tourism; to provide for the litter abatement grant program; to
12 separate the litter abatement and education account into an account for litter
13 abatement and an account for environmental education; to redirect existing fines,
14 fees, and donations dedicated for these purposes into the separate accounts; and to
15 provide for related matters.
16Be it enacted by the Legislature of Louisiana:
17 Section 1.  R.S. 17:200, 203(7) and 205(Section heading) and (A) are hereby
18amended and reenacted and R.S. 17:215(E) is hereby enacted to read as follows:
19 SUBPART B-1. LOUISIANA ENVIRONMENTAL EDUCATION
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1	AND LITTER REDUCTION ACT
2 §200.  Title
3	This Subpart may be cited as the "Louisiana Environmental Education and
4 Litter Reduction Act".
5	*          *          *
6 §203.  Definitions
7	As used in this Subpart, the following words have the meanings ascribed to
8 them unless the context requires otherwise:
9	*          *          *
10	(7)(3)  "Section" means the environmental education and litter reduction
11 section located within and acting through the state Department of Education.
12	*          *          *
13 §205.  Environmental Education and Litter Reduction Section; staff; powers and
14	duties; cooperation; funding
15	A.  There is hereby created, within the state Department of Education, the
16 environmental education and litter reduction section which shall assist the
17 commission and perform responsibilities relative to education and litter abatement
18 as provided for in this Subpart.  Insofar as funds are appropriated, staff may be
19 employed under the direction and control of the state superintendent of education and
20 in accordance with policies of the department.
21	*          *          *
22 §215.  Grant program
23	*          *          *
24	E.  The section is hereby authorized to accept, administer, and make use of
25 federal, state, local and private appropriations, public and private grants and
26 donations, and when it is deemed appropriate and feasible, to accept nonmonetary
27 funding in the form of services or equipment for use in connection with any of the
28 programs or purposes of this Subpart.
29	*          *          *
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1 Section 2.  R.S. 30:2531(C)(4) and 2532(A)(5) are hereby amended and reenacted
2to read as follows:
3 §2531.  Intentional littering prohibited; criminal penalties; simple littering
4	prohibited; civil penalties; special court costs
5	*          *          *
6	C.  Whoever violates the provisions of this Section shall pay special court
7 costs of one hundred dollars in lieu of other costs of court and the special court costs
8 shall be disbursed as follows:
9	*          *          *
10	(4)  Twenty-five dollars shall be paid to the state treasury for credit to the
11 Litter Abatement and Education Account.
12	*          *          *
13 §2532.  Collection and distribution of fines; litter abatement and education account
14	A.  All fines collected under the provisions of this Part shall be payable as
15 follows:
16	*          *          *
17	(5)  The remainder shall be paid to the state treasury for credit to the litter
18 abatement and education account.
19	*          *          *
20 Section 3.  R.S. 32:412(A)(1), (2), (5), and (6), and (B)(1), (2), and (7)(e)(i)(cc) and
21(ee) and (ii)(cc) and (ee) are hereby amended and reenacted to read as follows:
22 §412.  Amount of fees; credit or refund; duration of license; veteran designation;
23	disabled veteran designation; university logo; "I'm a Cajun" designation;
24	needs accommodation designation; autism spectrum disorder designation;
25	disbursement of funds; renewal by mail or electronic commerce of Class "D"
26	or "E" drivers' licenses; disposition of certain fees; exception
27	A.(1)  Every applicant for a Class "D" driver's license, or for a renewal of a
28 Class "D" driver's license, except those bona fide residents of the city of New
29 Orleans, shall pay for such basic license a fee of forty-two dollars and seventy-five
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1 cents.  Eleven dollars and fifteen cents of the fee shall be paid to the Louisiana State
2 Police Retirement System Fund.  One dollar and fifty cents of the fee shall be
3 forwarded by the department to the litter abatement and education account which is
4 created with within the Conservation Fund through the provisions of R.S.
5 56:10(B)(15).
6	(2)  The fee for Class "D" driver's licenses, or renewal of a  Class "D" driver's
7 license, issued to bona fide residents of the city of New Orleans shall be fifty-four
8 dollars, fifteen dollars of which shall be payable by the department to the board of
9 trustees of the police pension fund of the city of New Orleans.  One dollar and
10 eighty-four cents of the fee shall be paid to the Louisiana State Police Retirement
11 System Fund.  One dollar and fifty cents of the fee shall be forwarded by the
12 department to the litter abatement and education account which is created within the
13 Conservation Fund through the provisions of R.S. 56:10(B)(15).
14	*          *          *
15	(5)  Every applicant for a Class "E" driver's license, or for a renewal of a
16 Class "E" driver's license, except those bona fide residents of the city of New
17 Orleans, shall pay for such basic license a fee of twenty dollars and twenty-five
18 cents, which shall be the cost of such basic license.  Five dollars and sixty-three cents
19 of the fee shall be paid to the Louisiana State Police Retirement System Fund.  One
20 dollar and fifty cents of the fee shall be forwarded by the department to the litter
21 abatement and education account which is created within the Conservation Fund
22 through the provisions of R.S. 56:10(B)(15).
23	(6)  The fee for a Class "E" driver's license, or renewal of a Class "E" driver's
24 license, issued to bona fide residents of the city of New Orleans shall be twenty
25 dollars and twenty-five cents, three dollars and seventy-five cents of which shall be
26 paid by the department to the board of trustees of the police pension funds of the city
27 of New Orleans.  Three dollars and seventy-five cents of the fee shall be paid to the
28 Louisiana State Police Retirement System Fund.  One dollar and fifty cents of the fee
29 shall be forwarded by the department to the litter abatement and education account
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1 which is created within the Conservation Fund through the provisions of R.S.
2 56:10(B)(15).
3	*          *          *
4	B.(1)  Every applicant for a Class "A", "B", or "C" commercial driver's
5 license, or for a renewal of a basic Class "A", "B", or "C" commercial driver's
6 license, except for those bona fide residents of the city of New Orleans, shall pay for
7 such basic license a fee of sixty-one dollars and fifty cents.  Sixteen dollars and
8 twenty cents of the fee shall be paid to the Louisiana State Police Retirement System
9 Fund.  One dollar and fifty cents of the fee shall be forwarded by the department to
10 the litter abatement and education account which is created within the Conservation
11 Fund through the provisions of R.S. 56:10(B)(15).
12	(2)  The fee for a basic Class "A", "B", or "C" commercial driver's license,
13 or for the renewal of a basic Class "A", "B", or "C" commercial driver's license,
14 issued to bona fide residents of the city of New Orleans shall be seventy-six dollars
15 and fifty cents, fifteen dollars of which fee shall be paid by the department to the
16 board of trustees of the police pension fund of the city of New Orleans.  Fifteen
17 dollars of the fee shall be paid to the Louisiana State Police Retirement System Fund.
18 One dollar and fifty cents of the fee shall be forwarded by the department to the litter
19 abatement and education account which is created with the Conservation Fund
20 through the provisions of R.S. 56:10(B)(15).
21	*          *          *
22	(7)
23	*          *          *
24	(e)(i)
25	*          *          *
26	(cc)  Seventy-five cents of the fee shall be paid to the office of state police. 
27 Two dollars and seventy-five cents of the fee shall be paid to the Louisiana State
28 Police Retirement System Fund.  One dollar and fifty cents of the fee shall be
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1 forwarded by the department to the litter abatement and education account which is
2 created within the Conservation Fund through the provisions of R.S. 56:10(B)(15).
3	*          *          *
4	(ee)  Five dollars and fifty-six cents of the fee shall be paid to the Louisiana
5 State Police Pension and Retirement System Fund.  One dollar and fifty cents of the
6 fee shall be forwarded by the department to the litter abatement and education
7 account which is created within the Conservation Fund through the provisions of
8 R.S. 56:10(B)(15).
9	*          *          *
10	(ii)
11	*          *          *
12	(cc)  One dollar and fifty cents of the fee shall be paid to the Board of
13 Trustees of the Police Pension Fund of the city of New Orleans.  One dollar and fifty
14 cents of the fee shall be paid to the State Police Pension and Retirement Fund.  One
15 dollar and fifty cents of the fee shall be forwarded by the department to the litter
16 abatement and education account which is created within the Conservation Fund
17 through the provisions of R.S. 56:10(B)(15).
18	*          *          *
19	(ee)  Seven dollars and fifty cents of the fee shall be payable by the
20 department to the board of trustees of the police pension fund of the city of New
21 Orleans.  Ninety-two cents of the fee shall be paid to the State Police Pension and
22 Retirement Fund.  One dollar and fifty cents of the fee shall be forwarded by the
23 department to the litter abatement and education account which is created within the
24 Conservation Fund through the provisions of R.S. 56:10(B)(15).
25	*          *          *
26 Section 4.  R.S. 47:463.43(Section heading), (A), and (D) are hereby amended and
27reenacted to read as follows:
28 §463.43.  Special license plates; environmental education and litter reduction section
29	account
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1	A.  The Department of Public Safety and Corrections shall establish a special
2 prestige motor vehicle license plate for environmental education by the Department
3 of Wildlife and Fisheries for the purposes provided in R.S. 56:10(B)(15)(17).  The
4 license plates shall be restricted to use on passenger cars, pickup trucks, vans, and
5 recreational vehicles.
6	*          *          *
7	D.  The department shall collect the donation for each license plate and
8 forward the donation as provided in Subsection C of this Section to the Department
9 of Wildlife and Fisheries.  The one dollar handling fee as provided in Subsection C
10 of this Section shall be retained by the department to offset the administrative costs.
11 The funds received by the Department of Wildlife and Fisheries pursuant to this
12 Section shall be deposited in the litter abatement and environmental education
13 account which is created within the Conservation Fund through the provisions of
14 R.S. 56:10(B)(15)(17), and used solely for the purposes of that fund.
15	*          *          *
16 Section 5.  Chapter 17-A of Title 49 of the Revised Statutes of 1950, comprised of
17R.S. 49:1131 through 1143, is hereby enacted to read as follows:
18 CHAPTER 17-A.  KEEP LOUISIANA BEAUTIFUL INITIATIVE
19 §1131.  Litter abatement, reduction, and control
20	The office of the secretary of the Department of Culture, Recreation, and
21 Tourism shall be responsible for implementing the provisions of this Chapter relative
22 to litter abatement, reduction, and control.
23 §1132.  Definitions
24	As used in this Chapter, the following words have the meanings ascribed to
25 them unless the context requires otherwise:
26	(1)  "Department" means the state Department of Culture, Recreation, and
27 Tourism.
28	(2)  "Dispose" means to throw, discard, place, deposit, discharge, burn, dump,
29 drop, eject, or allow the escape of a substance.
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1	(3)  "Litter" means all waste material except as provided and defined in R.S.
2 30:2173, including but not limited to disposable packages, containers, sand, gravel,
3 rubbish, cans, bottles, refuse, garbage, trash, cigarettes, cigarette butts, cigars,
4 cigarillos, cigar or cigarillo tips, debris, dead animals, furniture or appliances,
5 automotive parts including but not limited to tires and engines, trailers, boats and
6 boating accessories, tools and equipment, and building materials, roofing nails, or
7 other discarded materials of any kind and description.  While being used for or
8 distributed in accordance with their intended uses, litter shall not include political
9 pamphlets, handbills, religious tracts and newspapers, and other similar printed
10 materials, the unsolicited distribution of which is protected by the Constitution of the
11 United States or the Constitution of Louisiana.  Litter shall not include agricultural
12 products that are being transported from the harvest or collection site to a processing
13 or market site if reasonable measures are taken to prevent the agricultural product
14 from leaving the transporting vehicle.  Litter shall also not include recyclable
15 cardboard being transported in compressed bundles to processing facilities.
16 "Agricultural product" as used in this definition means all crops, livestock, poultry,
17 and forestry, and all aquacultural, floricultural, horticultural, silvicultural, and
18 viticultural products.
19	(4)  "Local governing authority" means the governing authority of the parish
20 or the governing authority of the municipality in which the littering offense was
21 committed.
22	(5)  "Public or private property" means the right-of-way of any road or
23 highway, levee, any body of water or watercourse or the shores or beaches thereof,
24 any park, playground, building, refuge, or conservation or recreation area, and
25 residential or farm properties, timberlands, or forests.
26	(6)  "Secretary" means the office of the secretary of the Department of
27 Culture, Recreation, and Tourism.
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1 §1133.  Litter control awareness
2	The secretary may implement litter control awareness measures, including
3 but not limited to the following:
4	(1)  Develop and implement litter prevention, publicity, educational, and
5 motivational campaigns and programs.
6	(2)  Serve as the coordinating agency between various government and
7 private organizations seeking to aid in litter control and reduction and recycling
8 efforts.
9	(3)  Assist local governments in the adoption and revision of ordinances
10 aimed at litter control and reduction.
11	(4)  Encourage, organize, and coordinate voluntary campaigns seeking to
12 focus the attention of the public on programs to control and reduce litter and increase
13 public awareness.
14	(5)  Provide encouragement of and increased funds for litter cleanup and
15 collection, litter prevention, and cleanup equipment.
16	(6)  Promote litter abatement and control and encourage recycling.
17	(7)  Promote public awareness and education.
18	(8)  Assist local governments, industries, and other organizations which aid
19 in anti-litter efforts.
20	(9)  Assist local governments in the coordination of local anti-litter efforts.
21	(10)  Encourage, organize, and coordinate voluntary local anti-litter
22 campaigns seeking to focus the attention and participation of the public on the laws
23 of this state enacted to control and remove litter and to provide for the recycling of
24 trash materials.
25	(11)  Investigate the availability of and apply for funds from any private or
26 public source to be used for the purposes of this Chapter.
27	(12)  Exchange litter enforcement information with judges, district and
28 municipal attorneys, Louisiana state police, and local law enforcement officers on
29 enforcement mechanics.
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1	(13)  Award grants and provide financial assistance on a local level in
2 accordance with rules adopted pursuant to this Chapter in order to achieve the
3 purposes of this Chapter and award certificates of achievement for litter abatement.
4	(14)  Investigate methods, and monitor effectiveness of this Chapter and of
5 techniques in the control of litter and develop, encourage, and coordinate litter
6 control within the state.
7	(15)  Provide an annual report to the House Committee on Natural Resources
8 and Environment and the Senate Committee on Environmental Quality giving details
9 regarding the department's efforts to implement the provisions of this Chapter.
10	(16)  Approve and disburse financial assistance to any local government or
11 nonprofit organization which, in written application, seeks such assistance to
12 implement a local litter prevention or abatement program.
13	(17)  Support the Keep Louisiana Beautiful Program and network of affiliates
14 in the activation of civilian volunteers and development of organized litter
15 prevention programs.
16 §1134.  Donations and grants; Louisiana Litter Abatement Grant Program
17	A.  The secretary is hereby authorized to accept, administer, and make use
18 of federal, state, local and private appropriations, public and private grants and
19 donations, and when it is deemed appropriate and feasible, to accept nonmonetary
20 funding in the form of services or equipment for use in connection with any of the
21 programs or purposes of this Chapter.
22	B.(1)  The Louisiana Litter Abatement Grant Program is hereby created
23 within the office of the secretary for the purpose of supporting community-based
24 litter abatement programs.
25	(2)  Grants through the program shall be made available to local governments
26 and nonprofit organizations.  Funding through the grant program shall be subject to
27 the availability of funds and shall be awarded on a competitive basis to be
28 determined by the secretary.
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1	(3)  The monies awarded through the grants shall be used to further the
2 administration and execution of the Keep Louisiana Beautiful Program.  Allowable
3 uses of grant funding shall include but not be limited to the following:
4	(a)  Keep America Beautiful fees.
5	(b)  Keep Louisiana Beautiful pre-certification training, education
6 curriculums, and workshops.
7	(c)  Law enforcement seminars.
8	(d)  Litter surveys.
9	(e)  Projects, services, activities, and operational costs of litter abatement
10 programs.
11	(f)  Materials and services for program development and training.
12	(g)  Direct expenditures for materials that can facilitate litter reduction,
13 recycling, waste reduction, reuse, and general solid waste management programs.
14	(h)  Minimal advertising, public relations, and promotional materials
15 necessary for publicity and promotion of program activities.
16	(i)  Salary of the program coordinator and staff.
17	(4)  Each successful applicant shall supplement grant funds with a fifteen
18 percent match from other sources.  All matching funds must be available to the
19 program after the date of the grant award, and funds spent prior to the grant award
20 shall not be considered in fulfillment of the match requirement.
21 §1135.  Removal of litter; responsibility
22	The duty to remove litter from receptacles placed at publicly owned parks,
23 beaches, campgrounds, trailer parks, roadside parks, and other property shall remain
24 with those state and local agencies performing litter removal within their respective
25 jurisdictions.  The duty to remove litter from litter receptacles placed on private
26 property which is used by the public shall remain with the owner.
27 §1136.  Anti-litter campaign; industrial and civic cooperation requested
28	In order to aid in the statewide anti-litter campaign authorized by this
29 Chapter, the secretary may solicit the assistance and active cooperation of industry
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1 and private civic organizations which are active in anti-litter efforts so that additional
2 effect may be given to the campaign to eradicate litter within the state.
3 §1137.  Adopt-a-beach program
4	In order to fulfill the obligations and responsibilities under this Chapter, the
5 secretary may develop a program to be known as "adopt-a-beach", whereby an
6 industry or a private civic organization may adopt one mile of Louisiana beach for
7 the sole purpose of controlling litter along that section of beach.  Included in the
8 responsibilities of any industry or private civic organization which chooses to
9 participate in the program shall be the following:
10	(1)  Development of a functional plan to influence and encourage the public
11 to improve the appearance of the adopted section of beach.
12	(2)  A general cleanup of the area at least twice a year.
13	(3)  Assistance to the secretary in securing media coverage for the program.
14 §1138.  Community improvement program
15	In order to fulfill the obligations and responsibilities under this Chapter, the
16 secretary may coordinate a community improvement program whereby an annual
17 cleanup may be conducted during the spring encouraging local groups to clean
18 streets, alleys, public areas, adopted roads and beaches, and state and parish
19 highways in surrounding areas.  Beautification programs may be conducted along
20 with the cleanup programs at schools, public buildings and grounds, median areas,
21 entrances to subdivisions, commercial areas, and other similar areas.  Graffiti
22 removal and excess signage removal programs may be held simultaneously.
23 §1139.  Beach sweep program
24	In order to fulfill the obligations and responsibilities under this Chapter, the
25 secretary may propose and encourage beach sweep programs whereby coordinated
26 cleanups may be conducted on the state's beaches.  The beach sweep program may
27 consist of removing debris and trash while conducting data collection on marine
28 debris.
29 §1140.  Inland water cleanup
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1	In order to fulfill the obligations and responsibilities  under this Chapter, the
2 secretary may promote and encourage inland water cleanups whereby a waterway
3 cleanup may be conducted annually by local groups to clean rivers, bayous, lakes,
4 streams, and other waterways encouraging beautification through removal of litter
5 and debris.
6 §1141.  Boaters' and fishermen's pledge
7	In order to fulfill the obligations and responsibilities under this Chapter, the
8 secretary may promote and encourage a program known as "boaters' and fishermen's
9 pledge" whereby the program may be conducted asking sportsmen to sign a
10 commitment to bring trash and debris generated in their vehicle or boat back home
11 or to proper disposal receptacles.
12 §1142.  Adopt-a-byway program
13	A.  In order to fulfill the obligations and responsibilities  under this Chapter,
14 the secretary may promote and encourage a program to be known as
15 "adopt-a-byway", whereby an organization which owns, uses, or leases property
16 adjacent to a parish maintained road may adopt a section of such road for the sole
17 purpose of controlling litter along that section.  Included in the responsibilities of any
18 organization which chooses to participate in the program may be the following:
19	(1)  Development of a functional plan to influence and encourage the public
20 to improve the appearance of the adopted section of the road.
21	(2)  A general cleanup of the area at least twice a year.
22	(3)  Assistance to the secretary in securing media coverage for the program.
23	B.  Any parish or municipality which develops an "adopt-a-byway" program
24 shall coordinate the adoption of rules governing the program with the secretary.
25	C.  Any parish or municipality which develops an "adopt-a-byway" program
26 may use funds received from the collection of fines provided for under the provisions
27 of R.S. 30:2532(A) to place a sign upon a portion of a road identifying the
28 organization which has adopted such portion of the road.
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1	D.  The Department of Transportation and Development may promulgate
2 rules and regulations to implement the provisions of this Section regarding the
3 placement, construction, and maintenance of the signs.
4 §1143.  Adopt-a-waterbody program
5	A.  In order to fulfill the obligations and responsibilities under this Chapter,
6 the secretary may promote and encourage a program to be known as "adopt-a-
7 waterbody", whereby a business or a private civic organization may adopt a portion
8 of a public bayou, stream, creek, river, or lake for the sole purpose of controlling
9 litter.  Included in the responsibilities of any business or private civic organization
10 which chooses to participate in the program may be as follows:
11	(1)  Development of a functional plan to influence and encourage the public
12 to improve the appearance of the adopted portion of a public waterbody.
13	(2)  A general cleanup of the area at least twice a year.
14	(3)  Assistance to the secretary in securing media coverage for the program.
15	B.  Any organization which adopts a portion of a public bayou, stream, creek,
16 river, or lake may place a sign identifying the organization on an interstate highway
17 or state highway within two hundred feet of the adopted water body upon approval
18 of the Department of Transportation and Development.  Such a sign may also be
19 placed on the bank of the adopted waterbody with the approval of the riparian
20 landowner.
21	*          *          *
22 Section 6.  R.S. 56:10(B)(15) is hereby amended and reenacted and R.S.
2356:10(B)(17) is hereby enacted to read as follows:
24 §10.  Annual report to governor; estimate of proposed expenditures; particular funds;
25	limitations on purposes for use of monies in particular funds and accounts;
26	warrants; vouchers; surplus funds
27	*          *          *
28	B.
29	*          *          *
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1	(15)(a)  There is hereby created within the Conservation Fund a special
2 account known as the "litter abatement and education account" which shall consist
3 of donations collected from the sale of the environmental education license plate
4 provided for in R.S. 47:463.43; revenue received by the Conservation Fund from the
5 Department of Public Safety and Corrections, office of motor vehicles as provided
6 in R.S. 32:412; revenue received by the Conservation Fund from fines for violations
7 of the provisions of Part I of Chapter 21 of Subtitle II of Title 30 as provided in R.S.
8 30:2531 and 2532; funds from public or private donations and any other source
9 which may specify deposit to this account; and any remaining balance in the litter
10 abatement and education account as of August 1, 2022.  The revenues shall be
11 subject to the same requirements as provided for other revenues placed in the
12 Conservation Fund in Paragraph (1) of this Subsection.
13	(b)  The funds in this account shall be used solely for the following:
14	(i)  To develop, review, approve, and implement a plan for statewide
15 environmental education.
16	(ii)  To provide for environmental education litter abatement grant programs
17 in the state.
18	(iii)  To develop an environmental education curriculum framework.
19	(iv)  To develop guidelines for incorporating environmental education into
20 teacher education requirements.
21	(v)  To develop environmental education teacher professional development.
22	(vi)  To provide for formal environmental education.
23	(vii)(ii)  To provide for litter abatement and enforcement.
24	(viii)(iii)  To support community-based litter abatement programs.
25	(ix)(iv)  To develop, disseminate, and assess litter education and awareness
26 programs and materials.
27	*          *          *
28	(17)(a)  There is hereby created within the Conservation Fund a special
29 account known as the "environmental education account" which shall consist of
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HB NO. 765
1 donations collected from the sale of the environmental education license plate
2 provided for in R.S. 47:463.43 and funds from public or private donations and any
3 other source which may specify deposit to this account.  The revenues shall be
4 subject to the same requirements as provided for other revenues placed in the
5 Conservation Fund in Paragraph (1) of this Subsection.
6	(b)  The funds in this account shall be used solely for the following:
7	(i)  To develop, review, approve, and implement a plan for statewide
8 environmental education.
9	(ii)  To provide for environmental education grant programs in the state.
10	(iii)  To develop an environmental education curriculum framework.
11	(iv)  To develop guidelines for incorporating environmental education into
12 teacher education requirements.
13	(v)  To develop environmental education teacher professional development.
14	(vi)  To provide for formal environmental education.
15	*          *          *
16 Section 5.  R.S. 17:203(3) through (6), 204, 205(C), and 206 through 214 and R.S.
1730:2532(B) are hereby repealed in their entirety.
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 765 Original 2022 Regular Session	Carrier
Abstract:  Removes litter reduction and awareness responsibilities, litter abatement grants,
and anti-litter programs from the Dept. of Education and places these functions
within the Dept. of Culture, Recreation, and Tourism.  Creates separate accounts for
environmental education and litter abatement and redirects existing funding between
these two accounts.
Present law contains a La. Environmental Education and Litter Reduction Act, which creates
and provides for an environmental education and litter reduction section within the Dept. of
Education.  Present law establishes the responsibilities of this department section as
environmental education programming throughout the state as well as litter control
awareness programming, a litter abatement grant program, and a host of programs designed
to encourage anti-litter efforts from the private sector, including the following:
(1)Adopt-a-beach program
(2) Community improvement program
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-1077	ORIGINAL
HB NO. 765
(3)Beach sweep program
(4)Inland water cleanup
(5)Boaters' and fishermen's pledge
(6)Adopt-a-byway program
(7)Adopt-a-waterbody program
Proposed law removes litter reduction, litter control awareness, the litter abatement grant
program, and the private sector anti-litter programs from under the Dept. of Education and
places them each under the office of the secretary for the Dept. of Culture, Recreation, and
Tourism.
Present law creates within the Conservation Fund an account entitled the "litter abatement
and education account" to be used towards certain environmental education and litter
abatement  programs and goals.  Present law further directs donations from certain prestige
license plates, a portion of littering fines and court costs paid, and a portion of fees collected
for the issuance and renewal of driver's licenses into this account.
Proposed law creates the "litter abatement account" within the Conservation Fund and
directs that a portion of littering fines and court costs paid and a portion of the fees collected
for the issuance and renewal of driver's licenses into this account.  Proposed law further
specifies that funds in the account be used for litter abatement grants, litter abatement and
enforcement, and to support community-based litter abatement programs.
Proposed law creates the "environmental education account" within the Conservation Fund
and directs that donations from the environmental education special prestige license plate
be credited to the account.  Proposed law specifies that funds in the account be used for
statewide environmental education, environmental education grant programs, development
of environmental education curriculum and teacher education and professional development
requirements, and litter education and awareness programs and materials.
Present law provides fines and special court costs for intentional littering and directs portions
of those fines and special court costs to the litter abatement and education account.
Proposed law retains the fines and special court costs for intentional littering under present
law, but directs the portions dedicated to the litter abatement and education account under
present law to the litter abatement account instead.
Present law provides for fees to be charged for the issuance or renewal of driver's licenses
and directs a portion of those fees to the litter abatement and education account.
Proposed law retains the same fees, but directs the portions dedicated to the litter abatement
and education account under present law to the litter abatement account instead.
Present law provides for a special prestige license plate for environmental education and
dedicates a portion of the donation received for such plates to the litter abatement and
education account.
Proposed law retains the special prestige license plate and the donation required for the plate,
but directs the portions dedicated to the litter abatement and education account under present
law to the environmental education account instead.
Present law creates a litter abatement and education account within the state treasury and
directs fines from littering violations into this account.
Proposed law repeals present law.
(Amends R.S. 17:200, 203(7) and 205(Section heading) and (A), R.S. 30:2531(C)(4) and
2532(A)(5), R.S. 32:412(A)(1), (2), (5), and (6), and (B)(1), (2), and (7)(e)(i)(cc) and (ee)
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-1077	ORIGINAL
HB NO. 765
and (ii)(cc) and (ee), R.S. 47:463.43(Section heading), (A), and (D), and R.S. 56:10(B)(15);
Adds R.S. 17:215(E), R.S. 49:1131-1143, and R.S. 56:10(B)(17); Repeals R.S. 17:203(3)-
(6), 204, 205(C), and 206-214 and R.S. 30:2532(B))
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.