Louisiana 2013 2013 Regular Session

Louisiana Senate Bill SB47 Comm Sub / Analysis

                    The original instrument was prepared by Cathy R. Wells. The following digest,
which does not constitute a part of the legislative instrument, was prepared by
Michelle Broussard Johnson.
DIGEST
Morrell (SB 47)
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 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 changes certain board members and provides that the board is composed of 11
members, who shall reflect the racial and gender diversity of the population of the city of New
Orleans to the extent practicable.  Removes two members of the city council.
Proposed law provides for the mayor to appoint six members from a list of nominees submitted
by the Sewerage and Water Board Selection Committee.  The mayor's appointments shall include
one citizen from each of the five councilmen's districts within the city of New Orleans.
Proposed law requires that each citizen member shall be a registered voter in Orleans Parish and
shall have a domiciliary of Orleans Parish for two years previous to his appointment.
Proposed law provides for one member appointed by the members of the Louisiana House of
Representatives whose election districts include any part of Orleans Parish and who shall be
appointed with the advice and consent of the Senate. Also provides one member appointed by the
members of the Louisiana Senate whose election districts include any part of Orleans Parish and
who shall be appointed with advice and consent of the Senate.
Proposed law creates the Sewerage and Water Board Selection Committee and provides a
process for selecting a nomination pool of applicants.  Also provides that the members will be
comprised of the president, chancellor, chair, board of directors or respective designee of Dillard
University, Loyola University, Tulane University, Xavier, Delgado Community College,
University of New Orleans, Southern University at New Orleans, New Orleans Chamber of
Commerce, New Orleans Regional Black Chamber of Commerce, and the Urban League of
Greater New Orleans.
Proposed law 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, science, construction, business management, community or consumer advocacy or other pertinent discipline.
Present law provides that terms of board members are nine years.
Proposed law reduces terms of the six citizens appointed by the mayor to four years and prohibits
a member from serving more than two consecutive terms of office.  Also provides that 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  board
members to change rules adopted by the board.
Proposed law changes the quorum of the board to six members and requires a quorum vote to
adopt or change rules.
Present law provides for councilmens board membership when redistricting or election to office
or change in residency occurs.
Proposed law repeals such provisions.
Proposed law provides that the terms of the members of the Sewerage and Water Board for the
city of New Orleans in office on the effective date of this Act shall terminate on the effective date
of this Act.
Effective on the first day of Jan. following an election at which 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), (B), (C)(1), and (E) and 4074; repeals R.S. 33:4071(C)(2) and (3))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Local and Municipal Affairs
to the original bill
1. Adds requirement that board members from the board of liquidation be syndicate
members. 
2. Adds provisions creating Sewerage and Water Board Selection Committee and
provisions relative to nomination process.
3. Adds requirement that the mayor appoint at least one member from each councilmens district.
4. Adds an appointment to the board by each council at-large member.
5. Adds experience in science, construction, business management or other pertinent
discipline to proposed law list that meets the qualifications for board members.
6. Adds staggered initial terms.
7. Adds requirement that appointments to board reflect racial and gender diversity of
city.
Senate Floor Amendments to engrossed bill
1. Changes citizen confirmation by the mayor with the advise and consent 	from the
city council to the Senate.
2. Changes appointment authority for two members 	from each at-large council
member to House and Senate delegation.
3. Adds three members to the selection committee.
4. Changes requirement from each board members being a resident of Orleans parish
to domiciliary of Orleans parish.
5. Changes quorum number from 5 to 6.
6. Changes current member termination from successor being appointed to effective
date of this Act.
7.  Makes technical changes.