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Regular Session, 2013
SENATE BILL NO. 47
BY SENATOR MORRELL AND REPRESENTATI VE LEGER
LOCAL AGENCIES. Provides relative to the Sewerage and Water Board of the city of New
Orleans. (See Act)
AN ACT1
To amend and reenact R.S. 33:4071(A)(1) and (2), (B), (C)(1), and (E) and 4074 and to2
repeal R.S. 33:4071(C)(3), relative to Orleans Parish; to provide relative to the3
Sewerage and Water Board of New Orleans; to change the membership of the board;4
to provide relative to the terms and removal of board members; and to provide for5
related matters.6
Notice of intention to introduce this Act has been published.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 33:4071(A)(1) and (2), (B), (C)(1), and (E) and 4074 are hereby9
amended and reenacted to read as follows:10
§4071. Creation and organization of sewerage and water board11
A.(1) The public water system, the public sewerage system, and the public12
drainage system of the city of New Orleans shall be constructed, controlled,13
maintained, and operated by a sewerage and water board to be composed as follows:14
(a) The mayor.15
(b) Three members of the New Orleans city council selected by the council.16
At least one of such members shall be an at-large member of the council.17 SB NO. 47
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(c) Two members of the board of liquidation, city debt, to be appointed by1
the mayor on the recommendation of the board of liquidation, city debt.2
(d) Seven (c) Six citizens, to be appointed by the mayor, with the advice and3
consent of the city council, as follows:4
(i) Two from the city at large The presidents of Tulane University,5
University of New Orleans, Loyola University, Southern University at New6
Orleans, Dillard University, and Xavier University shall each submit three7
names to the mayor. The mayor shall appoint one member from the three8
nominees submitted by each president.9
(ii) One from each of the five councilmanic districts of the city Each10
nominee shall have experience in either architecture, environmental quality,11
finance, accounting, business administration, engineering, law, public health,12
urban planning, facilities management, public administration, or community13
or consumer advocacy.14
(2) The terms of office of board members shall be nine four years. A15
member shall serve no more than two consecutive terms of office.16
* * *17
B.(1) Each of the citizen members must shall be a registered voter in the area18
from which he is appointed, Orleans Parish and he must shall have been a resident19
of the area Orleans Parish for two years previous to his appointment.20
(2) Any person designated by the mayor to attend a meeting of the sewerage21
and water board in his absence shall be a resident and qualified voter of the city of22
New Orleans In the event any appointed member is elected to any office or23
removes his residence from Orleans Parish, his membership on the board shall24
be ipso facto vacated, and his successor shall be immediately appointed.25
C.(1) All vacancies occurring in the membership of the board under26
appointment by the mayor shall be filled in the manner prescribed by this Part27
Section for the original appointment.28
* * *29 SB NO. 47
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E. The board shall make rules fixing its own meetings and procedure, and1
these rules may be changed only by a vote of nine members at a regular meeting. A2
quorum of the board shall adopt rules fixing its own meetings and procedures.3
Any amendments or changes to such rules shall be adopted only after approved4
by a quorum of the board.5
* * *6
§4074. Meetings of the board7
All meetings of the board shall be held in accordance with rules adopted by8
the board and shall be open and public. All its transactions shall be recorded in the9
minutes to be kept in writing by the executive director, and its records shall be10
public. Seven Five members thereof shall constitute a quorum.11
Section 2. R.S. 33:4071(C)(3) is repealed.12
Section 3. This Act shall take effect and become operative on the first day of January13
following an election where a majority of the voters of the city of New Orleans approve an14
amendment of Article V, Chapter 3, Section 5-301 of the home rule charter of the city to15
change the composition of the Sewerage and Water Board of New Orleans to provide the16
identical composition of the board as contained in this Act.17
Section 4. The terms of the members of the Sewerage and Water Board for the city18
of New Orleans in office on the effective date of this Act shall terminate on the effective19
date of this Act. The members of the Sewerage and Water Board for the city of New Orleans20
shall be appointed and shall take office as provided in this Act and shall serve terms of office21
as provided in this Act. This Section shall not be construed to prevent the reappointment to22
the board of a member in office on the effective date of this Act.23
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy R. Wells.
DIGEST
Present law provides that the public water, sewerage, and drainage systems of the city of
New Orleans shall be constructed, controlled, maintained, and operated by the Sewerage and
Water Board of the city of New Orleans.
Present law provides that the board is composed of the mayor, three members of the city
council, one of whom is required to be an at-large member of the council, two members of SB NO. 47
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the board of liquidation, city debt, and seven citizens, appointed by the mayor, two at large
and one from each of the five council districts.
Proposed law provides that the board is composed of the mayor, two members of the board
of liquidation, city debt, and six citizens, appointed by the mayor from three names
submitted by the president of each of the following: Tulane University, University of New
Orleans, Loyola University, Southern University at New Orleans, Dillard University, and
Xavier University. Requires each nominee to have experience in either architecture,
environmental quality, finance, accounting, business administration, engineering, law, public
health, urban planning, facilities management, public administration, or community or
consumer advocacy.
Present law provides that terms of board members are nine years.
Proposed law reduces terms of board members to four years and prohibits a member from
serving more than two consecutive terms of office. In the event any appointed member is
elected to any office or removes his residence from Orleans Parish, his membership on the
board is ipso facto vacated, and his successor shall be immediately appointed.
Present law provides that a quorum of the board is seven members and requires a vote of
nine board members to change rules adopted by the board.
Proposed law provides that a quorum of the board is five members and requires a quorum
vote to adopt or change rules.
Present law provides for councilmanic board membership when redistricting occurs.
Proposed law repeals such provisions.
Proposed law provides that the terms of the members of the board for the city of New
Orleans in office on the effective date of proposed law terminate on its effective date. The
members of the board for the city of New Orleans shall be appointed and shall take office
as provided in proposed law and shall serve terms of office as provided in proposed law.
Provides that proposed law shall not be construed to prevent the reappointment to the board
of a member in office on the effective date of proposed law.
Effective on the first day of Jan. following an election where a majority of the voters of the
city of New Orleans approve an amendment to the home rule charter of the city to change
the composition of the board to provide the identical composition of the board as contained
in proposed law.
(Amends R.S. 33:4071(A)(1) and (2), (B), (C)(1), and (E) and 4074; repeals R.S.
33:4071(C)(3))