Louisiana 2014 2014 Regular Session

Louisiana House Bill HB148 Introduced / Bill

                    HLS 14RS-362	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 148
BY REPRESENTATIVES CHAMPAGNE AND LEGER
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 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 monies received by the state from violations of federal and state3
environmental and water quality laws associated with the Deepwater Horizon oil4
spill into the Coastal Protection and Restoration Fund; to provide for submission of5
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 to9
amend Article VII, Section 10.2(G) of the Constitution of Louisiana, to read as follows:10
§10.2.  Coastal Protection and Restoration Fund11
Section 10.2.12
*          *          *13
(G)(1) Notwithstanding the provisions of Article VII, Sections 10, 10.3,14
10.8, or any other provision of this constitution to the contrary, monies received by15
the state for violations pursuant to section 311 of the Federal Water Pollution Control16
Act, 33 U.S.C. 1321, R.S. 30:2001 et seq., including specifically R.S. 30:2025(E)(1)17
and (2) and 2071 et seq., associated with the Deepwater Horizon oil spill that began18
on April 20, 2010, shall be deposited and credited by the treasurer to the Coastal19 HLS 14RS-362	ORIGINAL
HB NO. 148
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are additions.
Protection and Restoration Fund for integrated coastal protection efforts, including1
coastal restoration, hurricane protection, and improving the resiliency of the2
Louisiana coastal area affected by the Deepwater Horizon oil spill.3
(2) Nothing in this Paragraph shall be construed to affect funds associated4
with the Natural Resources Damage Assessment process.5
(3) The fund balance limitations provided for in Paragraph (B) of this6
Section relative to mineral revenues deposited to this fund shall not apply to monies7
deposited pursuant to the provisions of this Paragraph.8
Section 2. Be it further resolved that this proposed amendment shall be submitted9
to the electors of the state of Louisiana at the statewide election to be held on November 4,10
2014.11
Section 3. Be it further resolved that on the official ballot to be used at the election,12
there shall be printed a proposition, upon which the electors of the state shall be permitted13
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as14
follows:15
Do you support an amendment to require state monies received from16
violations of federal and state environmental and water quality laws17
associated with the Deepwater Horizon oil spill that began on April 20, 2010,18
be deposited into the Coastal Protection and Restoration Fund for integrated19
coastal protection efforts?  (Adds Article VII, Section 10.2(G))20
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. 148
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 14RS-362	ORIGINAL
HB NO. 148
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present constitution provides for allocations of mineral revenues into the fund and provided
that the balance in the fund which consists of mineral revenues from severance taxes, royalty
payments, bonus payments, and rentals shall not exceed an amount provided by law.
Proposed constitutional amendment requires that monies received for violations pursuant to
federal law (Federal Water Pollution Control Act 33 U.S.C. 1321) and present law associated
with the Deepwater Horizon oil spill be deposited and credited 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.  
Proposed constitutional amendment provides that the fund balance limitations under 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. 4, 2014.
(Adds Const. Art. VII, §10.2(G))