2008 Regular Session of the Louisiana Legislature
The Louisiana Wildlife Federation provides comprehensive monitoring of the regular legislative session each year and publishes a listing of those measures pertaining to environmental quality, outdoor recreation, and natural resource conservation and management and related recreational and commercial uses, that are introduced. That listing follows. It will be periodically updated as additional related measures are filed. For the full text of bills and resolutions visit the Legislature's website at www.legis.state.la.us and enter and click on the bill/resolution # of interest. From there, the current status and history of each measure can be obtained. The original instrument can be viewed by clicking on the bill/resolution number below.
House Bills and Resolutions
HB 1 by Fannin. APPROPRIATIONS. Governor’s Office of Coastal Activities - $1,965,879 (13 positions); Louisiana Department of Culture, Recreation & Tourism, Office of State Parks - $32,817,424 (General Fund[GF]-$28,988,247), 400 positions; Louisiana Department of Natural Resources (DNR)/Atchafalaya Basin Program - $647,081, 4 positions, DNR Auxiliary Account for promoting energy efficiency - $14,236,852, Office of Conservation - $19,751,561, 192 positions, Office of Coastal Restoration & Management - $108,072,116, 150 positions; Louisiana Department of Environmental Quality - $149,153,024 [GF- $12,087,791] plus $7,189,353 federal hurricane recovery funds, 954 positions; Louisiana Department of Wildlife & Fisheries - $105,424,341 plus $23,027,840 federal hurricane/fishery recovery funds, 782 positions: Enforcement Division - $24,685,532, 259 positions, Office of Wildlife - $39,578,721, 210 positions, Office of Fisheries - $28,095,969, 223 positions. Note: of the proposed LDWF budget, the Conservation Fund contributes $62,190,755 and federal funds, most from federal aid in wildlife and sport fish restoration programs, account for $19,152,579.
HB 2 by Greene & Fannin. CAPITAL OUTLAY. Provides for the capital spending of state government; includes $38,985,000 in Priority 1 (P1) and 12,830,000 in Priority 5 (P5) bond funding for various study, acquisition, planning and construction projects (SAP&C) and maintenance and repairs for state parks and preservation areas administered by the Office of State Parks; $2,625,000 in P1, bond funding for SAP&C for the Washington Parish Reservoir; $100,000 in P1 bond funding for the Castor Creek-Little River Reservoir in LaSalle Parish; $1,500,000 in P1 bond funding for AP&C for the Poverty Point Reservoir in Richland Parish; 400,000 in P1 bond funding for the Ouachita Water Supply Reservoir; $800,000 in P1 bond funding for AP&C for the Allen Parish Reservoir; $1,415,000 in P1 and $1,000,000 in P5 bond funding for AP&C for the Bayou Duchene Reservoir in Caldwell Parish; $715,000 in P1 and $75,000 in P5 for Bayou Desiard Ecosystem Restoration in Ouachita Parish; $10,330,000 in P1 and $2,670,000 in P5 bond funding for the Atchafalaya Basin Protection and Enhancement Program; $1,000,000 in Wildlife Habitat & Natural Heritage Trust funds for wildlife habitat acquisition by the Department of Wildlife and Fisheries.
HB 68 by Richmond. ASSAULT WEAPON BAN. Defines assault weapons as pistols accepting a detachable magazine at any location outside of the pistol grip, a semi-auto rifle or pistol with a magazine that can accept more than 10 rounds, any shotgun capable of accepting a detachable magazine, any semi-auto rifle or pistol (or pump rifle) capable of accepting a detachable magazine and that has a muzzle break or barrel shroud or barrel grip or that (if a rifle) has a pistol grip, or modified stock with thumbhole grip and that (if a pistol) has a shoulder stock. Bans, after Jan. 1, 2009, possession, sale and manufacture, including conversion kits and large capacity magazines. Requires registration and licensing for assault weapons possessed prior to Jan. 1, 2009. Provides for possession, use and storage requirements for licensed assault weapons, licensing fees, use of such fees and penalties for violation.
HB 75 by A. Badon. HANDGUNS/BALISTIC FINGERPRINTING. Requires a process for ballistic fingerprinting for all handguns sold in the state and the establishment of a ballistic fingerprint data base and fees on the sale of handguns to support the administration of the program. (WITHDRAWN)
HB 254 by A. Badon. MERCURY THERMOSTAT. Prohibits the sale of thermostats containing mercury after Jan. 1, 2009. (WITHDRAWN)
HB 282 by Rep. Mills & Sen. Hebert. PARISH MINERAL REVENUE. Directs the allocation of 25% of the rentals and bonuses paid to the state after Jan. 1, 2009 for the production of minerals on state lands within a parish to the parish for expenditure on coastal/environmental restoration, fish/wildlife/marine life habitat enhancement, waterway construction and maintenance, oceanographic and marine education and research.
HB 293 by Dove. COASTAL PASSES/BARRIER ISLANDS. Directs the allocation by the state treasurer of $60 million and $40 respectively to the Barrier Islands Stabilization and Preservation Fund and the Coastal Passes Stabilization and Restoration Fund in Fiscal Year 2007-2008.
HB 294 by Dove. COASTAL PASSES/BARRIER ISLANDS. Appropriates the funds allocated in HB 293, $40 million to the Coastal Passes Stabilization and Restoration Program and $60 million to the Barrier Islands and Shorelines Stabilization and Preservation Program within the Louisiana Coastal Wetlands Conservation and Restoration Program in the Office of Coastal Restoration and Management of the Louisiana Department of Natural Resources fro Fiscal Year 2008-2009.
HB 343 by Perry, et al. SHRIMPING. Changes reference from a channel marker latitude/longitude coordinates relative to night time shrimping in Southwest Pass at Marsh Island.
HB 351 by Hines. GREEN BUILDING STANDARDS. Requires all major public and state-funded buildings that have not entered the design phase prior to Oct. 1, 2008 to be constructed using green building standards for efficiency and certified in compliance with LEED (Leadership in Energy and Environmental Design) Silver standards as a minimum.
HB 360 by Montoucet. ALLIGATOR COUNCIL. Separates the alligator-related functions of the Fur and Alligator Advisory Council to an Alligator Advisory Council which the legislation creates; deletes the alligator-related functions from the Fur and Alligator Advisory Council and renames it the Fur Advisory Council.
HB 375 by Dove. NATURAL RESOURCES/ENVIRONMENT COMMITTEE. Makes housekeeping adjustments to law reflecting the change combining the House Natural Resources and Environment Committees into one committee.
HB 376 by Dove. GROUNDWATER. Provides for civil fines and criminal penalties of up to $5,000 per day for violation of groundwater management provisions, rules or orders.
HB 382 by Hutter. HAZARDOUS MATERIAL FEES. Increases fees paid to store hazardous material on premises.
HB 439 by Dove. MINING/MINERAL RECLAMATION. Expands the abandoned mine reclamation program from coal mining to mineral development and repeals the abandoned mine reclamation fund and allocates revenues formerly allocated to the fund to the Commissioner of Conservation for the purposes of abandoned mine and mineral development reclamation on eligible lands.
HB 475 by St. Germain. CRAB EXPORT. Establishes a $100 annual crab export license to be required of any wholesaler or retailer who ships any type of crab out of state; further provides for allocation of the fees collected.
HB 488 by Gisclair. OFFSHORE AQUACULTURE. Requires that marine biologists from LSU (Baton Rouge), LUMCON and the Louisiana Department of Wildlife & Fisheries review an aquaculture project to be located in state offshore waters prior to permitting of the project by the state.
HB 493 by Rep. Champagne & Sen. Hebert. WASTE DUMP/AIRPORTS. Prohibits the location of a waste dump within 5,000 feet of an airport serving piston engine powered aircraft and within 10,000 feet of an airport serving turbine engine powered aircraft.
HB 501 by Mills. COMMERCIAL CRAWFISHING. Transfers the licensing and regulation of the commercial taking of crawfish from the Louisiana Department of Wildlife and Fisheries to the Louisiana Department of Agriculture and Forestry.
HB 528 by Lambert. CHEMICAL RELEASE REPORTS. Requires the Department of Environmental Quality to adjust its chemical release reporting requirements to consider the reporting of releases to the Department of Public Safety (one call system), that also are required to be reported to DEQ but that do not constitute an emergency, as meeting DEQ prompt reporting requirements for such releases.
HB 539 by Lambert. OZONE NONATTAINMENT. Provides for a maximum $5,000 per ton VOCs/Nox ozone non attainment penalty fee and that determination of non attainment will be based on the 1-hour ozone standard; further provides that the Department of Environmental Quality will adjust its ozone non attainment fee regulations to be consistent with Environmental Protection Agency, Congressional and/or court adjustments to such fees.
HB 570 by Ellington. LITTER/BAGS. Adds disposable bags to the definition of items that constitute litter and authorizes supermarkets and convenience stores to distribute official state litter collection bags.
HB 609 by Lambert. DEQ PERMIT CHALLENGES. Provides that conditions of permits issued by the Department of Environmental Quality that are challenged and not resolved within the proscribed time and are then referred to adjudicatory review by an administrative law judge or to de novo review by state district court are suspended until resolved.
HB 638 by LaBruzzo. STATE FLEET FUEL EFFICIENCY. Requires new state vehicles to have a fuel efficiency rating of no less than 18 MPG in city driving and 29 MPG highway driving. Excepts law enforcement, military and emergency vehicles.
HB 645 by Lambert, et al. SALES TAX/CONSERVATION FUND. Dedicates one-twentieth of one percent of the state sales and use tax (R.S. 47:321) to the Louisiana Department of Wildlife and Fisheries Conservation Fund.
HB 693 by Rep. St. Germain & Sen. Dupre. HOGS/COYOTES. Authorizes the taking of feral hogs and coyotes at night in a designated area with a special $20 permit ($100 for nonresidents). Permits are for 3 consecutive days.
HB 694 by Rep. St. Germain & Sen. Dupre. YOUTH DEER HUNTS. Increases the age of eligibility for youth deer hunts to under 18 years of age (from under 16).
HB 695 by Rep. St. Germain & Sen. Dupre. WATERSKIING/PERSONAL WATERCRAFT. Requires operators of personal watercraft towing water skiers to either have an observer aboard or have required wide-angle rear view mirror attached to the watercraft the same as required for motorboat operators towing water skiers.
HB 696 by Rep. St. Germain & Sen. Dupre. HOG RELEASE. Prohibits the import, transport and release of hogs on property where the hog(s) is unconfined and likely to move freely onto adjacent property; requires a permit issued by the LDWF for the transport of feral hogs.
HB 697 by Rep. St. Germain & Sen. Dupre. MOTORBOAT. Includes documented commercial and recreational fishing vessels in the definition of motorboat.
HB 698 by Rep. St. Germain & Sen. Dupre. HUNTER ORANGE. Clarifies the law requiring that hunter orange be worn during the open gun deer hunting season by all hunters possessing buckshot, slugs, muzzleloader or center fire rifle.
HB 699 by Rep. St. Germain & Sen. Dupre. WILDLIFE VIOLATORS COMPACT. Authorizes the LDWF to become a participant in the Interstate Wildlife Violators Compact to facilitate the compliance of Louisiana citizens with the wildlife conservation laws of the other participating states (and the compliance of the citizens of the other participating states with Louisiana’s wildlife conservation laws) by providing for the suspension of Louisiana hunting/fishing license privileges of Louisiana residents who violate the wildlife conservation laws of another participating state and fail to comply with the terms of the violation (and suspension of those same privileges by residents of other participating states who violate Louisiana wildlife conservation laws and fail to comply with the terms of the violation).
HB 700 by St. Germain, et al. AQUACULTURE REGULATION. Reinstates the authority for the regulation of aquaculture from the Louisiana Department of Agriculture and Forestry to the Louisiana Department of Wildlife and Fisheries.
HB 701 by Rep. St. Germain and Sen. Dupre. DEFINES FISH/AQUACULTURE REGULATION. Defines recreational, commercial and game fish and applies the terms consistently throughout the statutes; incorporates basic provisions of HB 700 regarding the authority of the LDWF to regulate aquaculture.
HB 702 by St. Germain, et al. SHAD SEINES. Provides for the taking of commercial fish with shad seines.
HB 703 by Baldone. COASTAL PROTECTION & RESTORATION FUND. Constitutional amendment to restructure the formula for allocating state mineral revenues to the Coastal Protection and Restoration Fund to a simplified 25 percent of state mineral revenues; deletes requirement for the establishment of a cap on the fund; reduces percentage of mineral revenue in excess of $750 allocated to the Budget Stabilization Fund to 75%.
HB 707 by Peterson. BUILDING EFFICIENCY & CONSERVATION STANDARDS. Requires major state facilities to incorporate green building standards to qualify for LEED (United States Green Building Council Leadership in Energy and Environmental Design) silver certification or two globes in the Green Building Initiative’s Green Globes rating system and sets forth procedures and guidelines for evaluating compliance and measuring results.
HB 709 by Baldone. COASTAL PROTECTION & RESTORATION FUND. Constitutional amendment allocating 25% of state mineral revenues in excess of $750 million to the Coastal Protection and Restoration Fund; deletes requirement for the establishment of a cap on the fund; reduces percentage of mineral revenue in excess of $750 allocated to the Budget Stabilization Fund to 75%.
HB 711 by St. Germain. PUBLIC TRUST/ENVIRONMENTAL ASSESSMENT. Provides that the public trust requirements pursuant to Article 9, Section 1 of the Louisiana Constitution do not limit or negate other provisions of law (R.S. 30: 2018) and jurisprudence governing environmental assessments by DEQ.
HB 733 by Schroder. PARISH LITTER ENFORCEMENT. Authorizes parishes to utilize an administrative adjudication process to enforce anti litter ordinances and levy fines up to 500 per day for violations and to appoint a litter abatement officer.
HB 763 by Baldone. COASTAL RESTORATION & PROTECTION FUND. Enabling legislation for constitutional amendment proposed by HB 703.
HB 764 by Baldone. COASTAL PROTECTION & RESTORATION FUND. Enabling legislation for constitutional amendment proposed by HB 709.
HB 765 by Hutter. FLOOD PLAIN MANAGEMENT/PROTECTION. Requires parishes and municipalities to comply with federal flood plain management and insurance provisions prior to construction of any federally-financed flood protection measures.
HB 788 by Downs. ADOPT-A-ROAD. Transfers the Adopt-a-Road roadside litter pick-up and beatification program from DEQ to DOTD and adds minor provisions.
HB 798 by Hutter. OYSTER LEASES. Sets forth a procedure for lifting the moratorium on leasing waterbottoms for oyster production.
HB 848 by Hutter. OYSTER HARVESTING. Adjusts the dates and seasons for the harvest of oysters from public seed grounds.
HB 1025 by St. Germain. NONRESIDENT HUNTING/FISHING. Establishes daily nonresident hunting and fishing license fees and repeals provisions for “trip” licenses of more than one day duration.
HB 1038 by S. Jones. BAIT HARVEST. Authorizes the use of bait seines to harvest bait fish in the Atchafalaya Bay area.
HB 1055 by Hines. VEHICLE EMISSIONS. Requires vehicles to have air emissions controls/devices in good working order.
HB 1135 by St. Germain, et al. ATCHAFALAYA BASIN PROGRAM. Restructures the operating procedures, criteria for projects, and decision-making process for the Atchafalaya Basin Program within DNR, including the development of an annual plan that must be approved by the Legislature, similar to the process for the state coastal protection/restoration plan; gives specific executive authorities to the Atchafalaya Basin Promotion and Research Board (ABPRB) including the development of the annual plan; creates a technical advisory group chaired by the Louisiana Department of Wildlife & Fisheries to advise the ABPRB; requires review of the plan by the Coastal Protection and Restoration Authority to assure consistency with the state's master plan for coastal protection and restoration; creates the Atchafalaya Basin Conservation Fund with 50% of the mineral revenues generated from state lands and water bottoms in the Atchafalaya Basin, capped at no more than $10 million per year, such funds to be used for projects in the Atchafalaya Basin annual plan, master plan or as a match for the Atchafalaya Basin Floodway System, Louisiana Project of the Corps of Engineers; directs 75% of monies allocated from the fund in any one fiscal year to water management, water quality or (public) access projects with the remaining 25% available to complete ongoing projects and projects that are in accordance with the mission statement of the master plan.
HB 1137 by Perry. CHARTER BOAT GEAR COMPENSATION. Makes commercial charter boats serving recreational anglers for hire eligible for payments from the Fishermen's Gear Compensation Fund for damages to vessels and gear from underwater obstructions.
HB 1138 by Gisclair. SHRIMPING. Increases the allowable size of trawl doors.
HB 1142 by St. Germain, et al. OYSTER CARGO VESSEL. Authorizes the LWFC to promulgate rules to establish an oyster cargo vessel permit for a fee of $250/year (resident), $1,000/year (nonresident) for vessels receiving and holding oysters transferred to such vessels on the harvest grounds.
HB 1196 by LaFonta. RADIOACTIVE WASTE. Prohibits the transportation within the state of any radioactive waste generated outside of the United States.
HB 1200 by Wooton. SHRIMPING. Reinstates the additional fee for shrimping licenses collected to fund efforts to protect domestic-produced shrimp from imported shrimp dumped on the market.
HB 1206 by Rep. Dove, et al. WETLANDS DISCOVERY CENTER. Creates the South Louisiana Wetlands Discovery Center Commission to establish the South Louisiana Wetlands Discovery Center in Terrebonne Parish.
HB 1249 by Johnson. ATVs on WMAs. Sets the minimum limit on the maximum size of ATVs that can be used on Wildlife Management Areas at 1200 lbs in weight, 114” in length and 61” in width.
HB 1254 by Gisclair. FINFISH TRAWL LICENSE. Defines fish trawl, provides for a $250 fish trawl license and the use of a fish trawl during the open shrimp season to take commercial saltwater finfish; limits the on-vessel possession to 8,000 lbs of commercial finfish taken with a fish trawl.
HB 1270 by Perry. BIOFUEL DEVELOPMENT. Provides for the Advanced Biofuel Industry Development Initiative setting forth standards and structure for the development of an advanced biofuels industry in Louisiana from non-corn-based sources, a process for testing and certifying the quality of the fuel, and incentives for use of the fuel.
HB 1281 by Wooton. OYSTERS. Limits the taking of oysters from public oyster seed grounds to resident Louisiana fishermen.
HB 1284 by Henderson & Wooton. OYSTERS. Increases the gear fee for commercial oyster dredges from $25 to $100 and provides for a Louisiana income tax credit of $75 for qualified Louisiana oyster fishers.
HB 1287 by Fannin. SUPPLEMENTAL APPROPRIATIONS/LDWF. Reduces appropriations to the Louisiana Department of Wildlife & Fisheries Office of Wildlife by $2 million and to the Office of Fisheries by $250,000.
HB 1307 by Hines. COASTAL ZONE DREDGING BAN. Prohibits the issuance of coastal use permits for dredging in the state’s Coastal Zone.
HB 1383 by Wooten. OYSTERS. Substitute for HB 1281 that restricts access to the public oyster seed grounds through initiation of a new oyster seed ground vessel permit.
HCR 12 by Hill. SW LOUISIANA COASTAL RESTORATION. Urges that proportionate attention be given by the Coastal Protection & Restoration Authority and the US Army, Corps of Engineers to hurricane protection and coastal restoration projects in southwest Louisiana and the chenier plain region of the coast.
HCR 25 by St. Germain & Sen. Dupre. VESSEL TITLING LAW SUSPENSION. Suspends until 60 days after the 2009 regular legislative session the effect of the vessel titling law enacted in 2007 in order to give the LDWF and affected parties more time to perfect the administration of the law.
HCR 26 by St. Germain. ATCHAFALAYA OVERSIGHT COMMITTEE. Establishes a joint committee of the Legislature to oversee the execution of the state’s Atchafalaya Basin Program.
HCR 28 by Foil. BAYOU MANCHAC. Nominates Bayou Manchac for designation as a state historic and scenic river.
HCR 98 by LaFonta. NUCLEAR WASTE IMPORT/TRANSPORT. Urges DEQ to review the proposed import of foreign-generated nuclear waste through the Port of Louisiana for ultimate disposal in Utah and Tennessee for compliance with all applicable rules and to halt such importation if there is noncompliance with state laws and regulations.
HCR 99 by LaFonta. NUCLEAR WASTE IMPORTATION. Memorializes Congress to prohibit the importation of nuclear waste generated outside of the U.S. for processing or disposal in the U.S.
HCR 109 by Baldone. GULF HYPOXIA ABATEMENT EFFORT. Commends the states of Arkansas, Mississippi and Tennessee for their efforts to reduce the runoff and discharge of nutrients into the Mississippi River that contribute to the summer hypoxia or “dead zone” in the Gulf of Mexico.
HCR 127 by St. Germain. DREDGING FEES/COASTAL RESTORATION. Memorializes Congress to appropriate the funds collected through the Harbor Maintenance Tax back to the Corps of Engineers for use in harbor maintenance and for the beneficial use of dredged material to restore coastal wetlands.
HCR 208 by Hines. COASTAL ZONE DREDGING. Suggests that dredging should be prohibited in the coastal zone to avoid contributing to further land loss and urges the LDNR to study the impacts of such a prohibition and report its findings to the Legislature no later than March 1, 2009.