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Regular Session, 2010
SENATE BILL NO. 471
BY SENATOR MICHOT
FUNDS/FUNDING. Provides for the deposit and use of certain state treasury funds.
(gov sig)
AN ACT1
To amend and reenact R.S. 30:2483(E) and 2484(A)(1) and (7) and to enact R.S.2
30:2486(F), relative to special treasury funds; to remove the cap on the Oil Spill3
Contingency Fund in certain circumstances; to provide for the use of monies in the4
Oil Spill Contingency Fund during declared emergencies or disasters; to provide for5
the collection of the oil spill contingency fee during declared emergencies or6
disasters; to provide for an effective date; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 30:2483(E) and 2484(A)(1) and (7) are hereby amended and9
reenacted and R.S. 30:2486(F) is hereby enacted to read as follows:10
§2483. Oil Spill Contingency Fund11
* * *12
E. After compliance with the requirements of Article VII, Section 9(B) of the13
Constitution of Louisiana relative to the Bond Security and Redemption Fund, and14
prior to monies being placed in the state general fund, an amount equal to that15
deposited, as required in Subsection D hereof, and monies appropriated by the16
legislature shall be credited to a special fund hereby created in the state treasury to17 SB NO. 471
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be known as the "Oil Spill Contingency Fund". The monies in this fund shall be used1
solely as provided in this Section and only in the amounts appropriated by the2
legislature. All unexpended and unencumbered monies in this fund at the end of the3
fiscal year shall remain in the fund. The monies in this fund shall be invested by the4
state treasurer in the same manner as monies in the state general fund, and interest5
earned on the investment of these monies shall remain in the fund. Except as6
otherwise provided in this Section, the The balance of the fund shall not exceed7
thirty million dollars, exclusive of all fees, other than all fees collected pursuant to8
R.S. 30:2485 and 2486, penalties, judgments, reimbursements, charges, interest, and9
federal funds collected pursuant to the provisions of this Chapter. As authorized by10
Article VII, Section 10.7(C) of the Constitution of Louisiana, the amount of11
monies in the fund shall not be limited to thirty million dollars during a12
declared state of emergency or disaster caused by an unauthorized discharge of13
oil.14
§2484. Uses of fund15
A. Money in the fund may be disbursed for the following purposes and no16
others:17
(1) Administrative and personnel expenses of the office of the coordinator,18
excluding those of the oil spill technical assistance program, not to exceed six19
hundred thousand dollars in any fiscal year; except that during a declared state of20
emergency or disaster caused by an unauthorized discharge of oil, more than21
six hundred thousand dollars in a fiscal year may be disbursed from the fund22
after approval of the commissioner of administration and the Joint Legislative23
Committee on the Budget.24
* * *25
(7) Operating costs and contracts for response and prevention as provided in26
this Chapter, excluding operating costs and contracts where indicated of the oil spill27
technical assistance program, not to exceed six hundred thousand dollars in any28
fiscal year; except that during a declared state of emergency or disaster caused29 SB NO. 471
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by an unauthorized discharge of oil, more than six hundred thousand dollars in1
a fiscal year may be disbursed from the fund after approval of the2
commissioner of administration and the Joint Legislative Committee on the3
Budget.4
* * *5
§2486. Determination of fee6
* * *7
F. Notwithstanding any other provision of law to the contrary, the8
amount of monies in the fund shall not be limited to seven million dollars during9
a declared state of emergency or disaster caused by an unauthorized discharge10
of oil.11
Section 2. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval.16
The original instrument was prepared by Jay Lueckel. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Nancy Vicknair.
DIGEST
Michot (SB 471)
Present law provides for the statutory implementation of the constitutionally created Oil
Spill Contingency Fund. The purpose of the fund is to immediately provide available funds
for response to all threatened or actual unauthorized discharges of oil, for cleanup, and
removal costs from discharges of oil. Constitutional provisions limit the fund at $30 million,
unless otherwise provided by law.
Proposed law removes the $30 million limitation during a declared state of emergency or
disaster caused by an unauthorized discharge of oil.
Present law provides for use of monies in the fund for certain administrative and personnel
expenses of the office of the coordinator, not to exceed $600,000 in any fiscal year.
Proposed law allows for such expenditures exceeding this amount in the event of a declared
emergency or disaster which are approved by the commissioner of administration and the
Joint Legislative Committee on the Budget (JLCB).
Present law provides for use of monies in the fund for certain operating costs and contracts
for response and prevention not to exceed $600,000 in any fiscal year. Proposed law allows
for such expenditures exceeding this amount in the event of a declared emergency or disaster SB NO. 471
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which are approved by the commissioner of administration and the JLCB.
Present law provides for the determination of the fee based upon the balance in the fund.
Provides that collections of the fee cease when the balance in the fund reaches $7 million.
Proposed law removes the $7 million dollar limitation relative to fee collections during a
declared state of emergency or disaster.
Effective upon governor signature or lapse of time for gubernatorial action.
(Amends R.S. 30:2483(E), 2484(A)(1) and (7); adds R.S. 30:2486(F))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Finance to the original
bill.
1. Removes the overall $30 million cap on the Oil Spill Contingency Fund in
the event of a declared state of emergency or disaster caused by an
unauthorized discharge of oil as authorized by the constitution.
2. Allows certain administrative expenses and personnel expenses of the office
of the coordinator and operating costs and contracts for response and
prevention to exceed $600,000, respectively, in any fiscal year during a
declared oil discharge emergency if approved by the commissioner of
administration and the Joint Legislative Committee on the Budget.
3. Removes the $7 million limitation relative to fee collections during a
declared state of emergency or disaster.
Senate Floor Amendments to engrossed bill.
1. Makes technical changes.
2. Removes the Health Care Stabilization Fund.