HLS 12RS-433 REENGROSSED
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are additions.
Regular Session, 2012
HOUSE BILL NO. 812
BY REPRESENTATIVES CHAMPAGNE, BARRAS, BERTHELOT, GAROFALO,
GISCLAIR, GREENE, GUINN, HENSGENS, HUNTER, HUVAL, GI ROD
JACKSON, JONES, NANCY LANDRY, LEGER, MILLER, ORTEGO, PIERRE,
SCHEXNAYDER, ST. GERMAI N, THIERRY, WHITNEY, AND WILLMOTT
FUNDS/FUNDING: (Constitutional Amendment) Requires that monies received by the
state from violations of certain federal and state laws associated with the Deepwater
Horizon oil spill shall be deposited into the Coastal Protection and Restoration Fund
A JOINT RESOLUTION1
Proposing to add Article VII, Section 10.2(G) of the Constitution of Louisiana, to provide2
for the deposit of any monies received by the state from violations of federal and3
state environmental and water quality laws associated with the Deepwater Horizon4
oil spill into the Coastal Protection and Restoration Fund; to provide for submission5
of the proposed amendment to the electors; and to provide for related matters.6
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members7
elected to each house concurring, that there shall be submitted to the electors of the state of8
Louisiana, for their approval or rejection in the manner provided by law, a proposal to add9
Article VII, Section 10.2(G) of the Constitution of Louisiana, to read as follows:10
§10.2. Coastal Protection and Restoration Fund11
Section 10.2(A)12
* * *13
(G)(1) Notwithstanding the provisions of Article VII, Section 10, Article14
VII, Section 10.3, Article VII, Section 10.8, or any other provision of this15
constitution to the contrary, any monies received by the state for violations pursuant16
to section 311 of the Federal Water Pollution Control Act, 33 U.S.C. 1321; R.S.17
30:2025(E)(1) and (2); and R.S. 30:2001 et seq., including R.S. 30:2071 et seq.,18
associated with the Deepwater Horizon oil spill that began on April 20, 2010, shall19 HLS 12RS-433 REENGROSSED
HB NO. 812
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be deposited and credited by the treasurer to the Coastal Protection and Restoration1
Fund for integrated coastal protection efforts, including coastal restoration, hurricane2
protection, and improving the resiliency of the Louisiana Coastal Area affected by3
the Deepwater Horizon oil spill.4
(2) Nothing in this Paragraph shall be construed as to affect funds associated5
with the Natural Resources Damage Assessment process.6
(3) The fund balance limitations provided for in Paragraph (B) of this7
Section relative to the mineral revenues deposited to this fund shall not apply to8
monies deposited pursuant to the provisions of this Paragraph.9
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 6,11
2012.12
Section 3. Be it further resolved that on the official ballot to be used at the election,13
there shall be printed a proposition, upon which the electors of the state shall be permitted14
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as15
follows:16
Do you support an amendment to require any state monies received from17
violations of federal and state environmental and water quality laws18
associated with the Deepwater Horizon oil spill that began on April 20, 2010,19
be deposited into the Coastal Protection and Restoration Fund for integrated20
coastal protection efforts? (Adds Article VII, Section 10.2(G))21
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)]
Champagne HB No. 812
Abstract: Dedicates state revenues received from violations of federal and state
environmental and water quality laws associated with the Deepwater Horizon oil
spill of 2010 to the Coastal Protection and Restoration Fund.
Present constitution establishes the Coastal Protection and Restoration Fund to provide a
dedicated, recurring source of revenues for the development and implementation of a
program to protect and restore La.'s coastal area. HLS 12RS-433 REENGROSSED
HB NO. 812
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are additions.
Present constitution provides for allocations of mineral revenues into the fund, provided that
balance in the fund which consists of mineral revenues from severance taxes, royalty
payments, bonus payments, or rentals shall not exceed an amount provided by law.
Proposed constitutional amendment requires that any monies received for violations pursuant
to section 311 of the Federal Water Pollution Control Act, 33 U.S.C. 1321; R.S.
30:2025(E)(1) and (2); and R.S. 30:2001 et seq., including R.S. 30:2071 et seq., associated
with the Deepwater Horizon oil spill that began on April 20, 2010, shall be deposited and
credited by the treasurer to the Coastal Protection and Restoration Fund for integrated
coastal protection efforts, including coastal restoration, hurricane protection, and improving
the resiliency of the La. Coastal Area affected by the oil spill. Further specifies that
proposed constitutional amendment shall not be construed to affect funds associated with
the Natural Resources Damage Assessment Process. Further specifies that fund balance
limitations under the present constitution relative to mineral revenues deposited into the fund
shall not apply to deposits made under proposed constitutional amendment.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 6, 2012.
(Adds Const. Art VII, §10.2(G))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Appropriations to the
original bill.
1. Deleted reference to lawsuits filed in response to the oil spill and instead
provided that deposits be made for violations of specified state and federal laws.
2. Specified that deposits be used for integrated coastal protection efforts, including
coastal restoration, hurricane protection, and improving the resiliency of the La.
Coastal Area affected by the Deepwater Horizon oil spill.
3. Specified that proposed constitutional amendment shall not affect funds
associated with the Natural Resources Damage Assessment process.