Louisiana Artificial Reef Development Fund Protection, Amendment 8 (2014)

Amendment 8 Origin Louisiana State Legislature Topic Budgets Status Approved a

2014 measures November 4 Amendment 1 a Amendment 2 a Amendment 3 d Amendment 4 d Amendment 5 d Amendment 6 a Amendment 7 a Amendment 8 a Amendment 9 d Amendment 10 a Amendment 11 d Amendment 12 d Amendment 13 d Amendment 14 d Endorsements

The Louisiana Artificial Reef Development Fund Protection, Amendment 8 was on the November 4, 2014 ballot in Louisiana as a legislatively referred constitutional amendment, where it was approved. The measure was designed to create an “Artificial Reef Fund” to manage an artificial reef system, the wild seafood certification program and inshore fisheries habitat enhancement projects.

The bill was sponsored in the legislature by State Senator R.L Allain II (R-21) as Senate Bill 128.

Election results

Louisiana Amendment 8
Result		Votes	Percentage
a Yes		758,142	57.19%
No		567,483	42.81%

Election results via: Louisiana Secretary of State

Text of measure

Ballot summary

The official ballot text read as follows:

“

Do you support an amendment to establish the Artificial Reef Development Fund in the state treasury by depositing in to the fund monies that have been received by the Department of Wildlife and Fisheries in the form of grants, donations, or other assistance to provide funding for programs dedicated to managing an artificial reef system, the wild seafood certification program, and inshore fisheries habitat enhancement projects? (Adds Article VII, Section 10.11)

”

Constitutional changes

See also: Article VII, Louisiana Constitution

The proposed amendment added a Section 10.11 to Article VII of the Constitution of Louisiana:

§10.11. Artificial Reef Development Fund

(A) Artificial Reef Development Fund. There shall be established in the state treasury, as a special fund, the Artificial Reef Development Fund. Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state that become due and payable within any fiscal year as required by Article VII, Section 9(B) of this constitution, the treasurer shall pay into the Artificial Reef Development Fund the monies received as provided in Paragraph (B) of this Section.

(B) The secretary of the Department of Wildlife and Fisheries is authorized to accept and receive grants, donations of monies, and other forms of assistance from private and public sources that are provided to the state for the purpose of siting, designing, constructing, permitting, monitoring, and otherwise managing an artificial reef system.

(C) The monies in the Artificial Reef Development Fund shall be appropriated by the legislature to the Department of Wildlife and Fisheries, or its successor, and shall be allocated solely for the following:

(1) For the programs and purposes of siting, designing, constructing, permitting, monitoring, and otherwise managing an artificial reef system.

(2) For the salaries of personnel assigned to the Artificial Reef Development Program and for related operating expenses.

(3) An amount not to exceed ten percent of the monies deposited to the fund each year and ten percent of the interest income credited to the fund each year may be used by the department to provide funding in association with the wild seafood certification program, particularly in support of wild-caught shrimp, established by the department. Such funding may be used for a subsidy granted to seafood harvesters or processors to assist in their efforts to comply with the certification program requirements and may be used for administration of the program.

(4) An amount not to exceed ten percent of the funds deposited to the fund each year and ten percent of the interest income credited to the fund each year may be used by the department to provide funding for inshore fisheries habitat enhancement projects, particularly in support of the Artificial Reef Development Program established by the department. Such funding may be used for grants to nonprofit conservation organizations working in cooperation with the department.

(D) All unexpended and unencumbered monies in the Artificial Reef Development Fund at the end of the fiscal year shall remain in the fund. The monies in the fund shall be invested by the treasurer in the manner provided by law. All interest earned on monies invested by the treasurer shall be deposited in the fund. The treasurer shall prepare and submit to the department on a quarterly basis a written report showing the amount of money contained in the fund from all sources.

Support

The measure was introduced into the legislature by Sen. R.L. Allain II (R-21).

A full list of legislators by how they voted on the amendment can be found here.

Supporters

Officials

Public Policy
State Policy Articles for Louisiana
Energy policy State budget Public pensions Public education

The following officials sponsored the amendment in the Louisiana Legislature:

• Sen. R.L Allain II (R-21)
• Rep. Neil Abramson (D-98)
• Rep. Taylor Barras (R-48)
• Rep. John Berthelot (R-88)
• Rep. Robert Billiot (D-83)
• Rep. Stuart J. Bishop (R-43)
• Rep. Chris Broadwater (R-86)
• Rep. Henry Burns (R-9)
• Rep. Tim Burns (R-89)
• Rep. Roy Burrell (D-2)
• Rep. Thomas Carmody, Jr. (R-6)
• Rep. Kenny R. Cox (R-9)
• Rep. Gordon Dove, Sr. (R-52)
• Rep. A.B. Franklin (D-34)
• Rep. Ray Garofalo (R-89)
• Rep. Jerry Gisclair (D-54)
• Rep. John E. Guinn (R-37)
• Rep. Joe Harrison (R-51)
• Rep. Cameron Henry (R-82)
• Rep. Bob Hensgens (R-47)
• Rep. Dorothy Sue Hill (D-32)
• Rep. Sam Jones (D-50)
• Rep. Eddie J. Lambert (D-50)
• Rep. Nancy Landry (R-31)
• Rep. Joseph P. Lopinto III (R-80)
• Rep. Jack Montoucet (D-42)
• Rep. Jim Morris (R-1)
• Rep. Gene Reynolds (D-10)
• Rep. Clay Schexnayder (R-81)
• Rep. Karen St. Germain (D-60)
• Rep. Major Thibaut (D-18)
• Rep. Lenar Whitney (R-53)

Organizations

• Louisiana Wildlife Federation

Arguments

The Public Affairs Research Council provided arguments for and against the constitutional amendment. The following was the council's argument in support:

“	The money in the Artificial Reef Development Fund should be used only for its intended pur- poses—promoting and managing artificial reef development, assisting the state’s wild seafood certification program and helping with inshore fisheries projects. Ensuring the fund’s long-term viability could help persuade oil and gas companies to consider converting more non-producing platforms into artificial reefs. Protecting the fund from being “swept” would reassure company officials that money put into the fund would be used only to further the artificial reef program and not to bolster the state budget.	”
—Public Affairs Research Council

Other arguments in support of the amendment included:

• Rebecca Triche, Executive Director of the Louisiana Wildlife Federation, said, "Money donated to the Artificial Reef Development Fund should be used for the Artificial Reef Program's mandate to provide maintenance, monitoring, research and education. Without stronger protection of the donated funds, LWF is concerned that participation in the program will suffer and money dedicated to fisheries enhancement will continue to be diverted for unrelated uses. The history of this fund being a target for balancing the budget is evidence that it must be sheltered from future sweeps with the strongest protection possible."

Opposition

A full list of legislators by how they voted on the amendment can be found here.

Arguments

The Public Affairs Research Council provided arguments for and against the constitutional amendment. The following was the council's argument against:

“	This amendment would add another exception to Louisiana’s Constitution. Other funds established for specific interest groups also would like such protection under the Constitution, which could become more clogged with unnecessary exceptions and minutia. Prohibiting alternative uses of the money in the Artificial Reef Development Fund would hamper the Legislature’s and the governor’s flexibility to address future crises and to alleviate dire budget circumstances for higher education and health care. Meanwhile, no private company actually loses money when the fund is swept.	”
—Public Affairs Research Council

Path to the ballot

See also: Amending the Louisiana Constitution

State Senator R.L Allain II (R-21) introduced a bill into the legislature to alter the constitution and put the measure before voters on March 28, 2013. The bill was approved through a two-thirds vote in both legislative chambers. SB 128 was approved by the Louisiana House of Representatives on June 3, 2013. The amendment was approved by the Louisiana Senate on May 1, 2013.

Senate vote

May 1, 2013 Senate vote

Louisiana SB 128 Senate Vote
Result		Votes	Percentage
a Yes		38	100.00%
No		0	0.00%

House vote

June 3, 2013 House vote

Louisiana SB 128 House Vote
Result		Votes	Percentage
a Yes		98	98.99%
No		1	1.01%

See also

Suggest a link

• 2014 ballot measures
• Louisiana 2014 ballot measures

External links

• Senate Bill 128