Louisiana 2010 2010 Regular Session

Louisiana House Bill HB310 Introduced / Bill

                    HLS 10RS-472	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 310
BY REPRESENTATIVE WHITE
PROPERTY/EXPROPRIATION:  (Constitutional Amendment) Prohibits state agencies and
political subdivisions from entering into cooperative endeavors with the federal
government to provide funding for the taking or damaging of lands for wetlands
mitigation
A JOINT RESOLUTION1
Proposing to amend Article VII, Section 14(C) of the Constitution of Louisiana, to prohibit2
the state and its political subdivisions or political corporations from engaging in3
cooperative endeavors with the United States or its agencies which provide for the4
use of the funds of the state or any political subdivision for the taking or damaging5
of property for the purpose of compensatory mitigation of wetlands or other natural6
habitat; to provide for submission of the proposed amendment to the electors; and7
to provide for related matters.8
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members9
elected to each house concurring, that there shall be submitted to the electors of the state of10
Louisiana, for their approval or rejection in the manner provided by law, a proposal to11
amend Article VII, Section 14(C) of the Constitution of Louisiana, to read as follows:12
§14.  Donation, Loan, or Pledge of Public Credit13
Section 14.14
*          *          *15
(C) Cooperative Endeavors.  For a public purpose, the state and its political16
subdivisions or political corporations may engage in cooperative endeavors with17
each other, with the United States or its agencies, or with any public or private18
association, corporation, or individual.  The state and its political subdivisions or19 HLS 10RS-472	ORIGINAL
HB NO. 310
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
political corporations may not engage in cooperative endeavors with the United1
States or its agencies which provide for the use of funds of the state or of any2
political subdivision or political corporation of the state for the taking or damaging3
of property for the purpose of compensatory mitigation of wetlands or other natural4
habitat as authorized or required by state or federal law to offset, compensate, or5
replace actual or anticipated damages to or loss of wetlands or other natural habitat6
caused by a private activity or project, or a federal, state, or local permitted activity7
or project.8
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Section 2.  Be it further resolved that this proposed amendment shall be submitted10
to the electors of the state of Louisiana at the statewide election to be held on November 2,11
2010.12
Section 3. Be it further resolved that on the official ballot to be used at said election13
there shall be printed a proposition, upon which the electors of the state shall be permitted14
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall15
read as follows:16
To prohibit the state and its political subdivisions or political corporations17
from entering into any cooperative endeavor with the United States or its18
agencies which provide for the use of state or local funds for the taking or19
damaging of property for compensatory mitigation of the loss or damage of20
wetlands or other natural habitat caused by a private activity or project, or a21
federal, state, or local permitted activity or project. (Amends Article VII,22
Section 14(C))23
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)]
White	HB No. 310
Abstract: Prohibits the state and its political subdivisions from entering into cooperative
endeavors with the U.S. or its agencies if such endeavor commits state or local funds
for the expropriation of lands for wetlands mitigation. HLS 10RS-472	ORIGINAL
HB NO. 310
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present constitution permits the state and its political subdivisions or political corporations
to engage in cooperative endeavors with each other, with the U.S. or its agencies, or with any
public or private association, corporation, or individual for a public purpose.
Proposed constitutional amendment prohibits the state and its political subdivisions or
political corporations from engaging in cooperative endeavors with the U.S. or its agencies
which provide for the use of funds from the state or any political subdivision or political
subdivision of the state for the taking or damaging of property for the purpose of
compensatory mitigation of wetlands or other natural habitat as authorized or required by
state or federal law to offset, compensate, or replace actual or anticipated damages to or loss
of wetlands or other natural habitat caused by a private activity or project, or a federal, state,
or local permitted activity or project.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 2, 2010.
(Amends Const. Art. VII, §14(C))