HLS 22RS-3508 ORIGINAL
2022 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 125
BY REPRESENTATIVE LANDRY
SEWERAGE/N O WATER BD: Creates a task force to study issues relative to the New
Orleans Sewerage and Water Board
1 A CONCURRENT RESOL UTION
2To create a task force on home rule charter and state law provisions relating to the New
3 Orleans Sewerage and Water Board, which is created to study issues related to the
4 revision or repeal of state law provisions that govern the board and to provide a
5 written report of findings and recommendations regarding the best strategies
6 regarding the revision or repeal of state law provisions to the mayor of the city of
7 New Orleans, the New Orleans City Council, and the members of the Orleans Parish
8 legislative delegation no later than January 31, 2023.
9 WHEREAS, on June 6, 1899, the property taxpayers of the city of New Orleans,
10realizing that the time had come for their city to be provided with better systems of sewerage
11and water, approved a special tax of two mills on the dollar for forty-three years, subject to
12the approval of the Legislature of Louisiana and the adoption of an amendment to the
13Louisiana Constitution; and
14 WHEREAS, Act No. 6 of the 1899 Extraordinary Session of the Louisiana
15Legislature made effective the vote and levy of the special tax by authorizing the
16capitalization of the tax by the issuance of fifty year bonds; and
17 WHEREAS, Act No. 6 created the Sewerage and Water Board of New Orleans,
18comprised of the members of the Drainage Commission of the city of New Orleans, to
19furnish, construct, operate, and maintain a water treatment and distribution system and a
20sanitary sewerage system for the city of New Orleans; and
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HCR NO. 125
1 WHEREAS, the Drainage Commission was subsequently merged with the Sewerage
2and Water Board in order to consolidate drainage, water, and sewerage programs under one
3agency for more efficient operations; and
4 WHEREAS, Act No. 6 was subsequently made a part of the 1899 Louisiana
5Constitution; and
6 WHEREAS, Section 35 of Act No. 6 reserved the right and power of the legislature
7to amend Act No. 6 in any respect not violative of the conditions upon which the special tax
8was approved by the property taxpayers and not impairing the vested rights of bondholders;
9and
10 WHEREAS, the legislature amended Act No. 6 on several occasions throughout the
11years to change the composition of the Sewerage and Water Board; and
12 WHEREAS, many began to question the legislature's authority to make these
13changes by a simple statutory amendment without the approval of the property taxpayers of
14the city of New Orleans or an amendment to the state constitution; and
15 WHEREAS, Act No. 36 of the 1934 2nd Extraordinary Session of the Louisiana
16Legislature made additional changes to the composition of the Sewerage and Water Board
17by statutory amendment; and
18 WHEREAS, the constitutionality of Act No. 36 was challenged as it was argued that
19the legislature lacked authority to continue to make these changes through statutory
20amendments as such amendments impaired the vested rights of the property taxpayers and
21bondholders and was in violation of the "home rule clauses" of the state constitution; and
22 WHEREAS, in 1935, the Louisiana Supreme Court held in State ex rel. Porterie v.
23Walmsley that the operation of a board controlling sewerage, water, and drainage was not
24an ordinary governmental function of municipal government and that the state of Louisiana
25had the right under its police powers to create, supervise, and define the role and power of
26the Sewerage and Water Board of New Orleans; and
27 WHEREAS, the legislature has continued to change the composition of the Sewerage
28and Water Board and make additional changes regarding its powers and duties by statutory
29amendment and these changes are sometimes in conflict with the provisions of the home rule
30charter for the city of New Orleans; and
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HCR NO. 125
1 WHEREAS, there is an urgent need for a comprehensive review of the home rule and
2state law provisions that govern the Sewerage and Water Board to prevent any future
3conflicts between these provisions.
4 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
5create a task force on home rule charter and state law provisions relating to the New Orleans
6Sewerage and Water Board to study issues related to the revision or repeal of state law
7provisions that govern the board and to provide a written report of findings and
8recommendations regarding the best strategies regarding the revision or repeal of state law
9provisions to the mayor of the city of New Orleans, the New Orleans City Council, and the
10members of the Orleans Parish legislative delegation no later than January 31, 2023.
11 BE IT FURTHER RESOLVED that the task force shall be composed of the
12following members:
13 (1) The governing board of the Louisiana State Law Institute shall appoint two
14attorneys who are members of the institute and who have particular knowledge in one or
15more of the following: taxes, bonds, political subdivisions, utilities.
16 (2) The governing board of the Louisiana State Bar Association shall appoint two
17persons who have a particular knowledge of the history of the Louisiana Civil Code.
18 (3) One member of the Sewerage and Water Board of New Orleans elected by the
19members of the board.
20 (4) One member appointed by the mayor of the city of New Orleans.
21 (5) One member appointed by the governor.
22 (6) One member appointed by the New Orleans City Council.
23 (7) One member of the Orleans Parish legislative delegation appointed by the
24speaker of the Louisiana House of Representatives.
25 (8) One member of the Orleans Parish legislative delegation appointed by the
26president of the Louisiana Senate.
27 BE IT FURTHER RESOLVED that the chairman and vice chairman of the task force
28shall be elected by the members of the task force.
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HCR NO. 125
1 BE IT FURTHER RESOLVED that the member of the Sewerage and Water Board
2shall call the first meeting of the task force and serve as chairman until one is elected, and
3the first meeting shall be held no later than September 1, 2022.
4 BE IT FURTHER RESOLVED that all members of the task force shall be appointed
5or elected no later than August 1, 2022.
6 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
7mayor of the city of New Orleans, the New Orleans City Council, and the members of the
8Orleans Parish legislative delegation.
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)]
HCR 125 Original 2022 Regular Session Landry
Creates a task force on home rule charter and state law provisions relating to the New
Orleans Sewerage and Water Board to study issues related to the revision or repeal of state
law provisions that govern the board. Provides for a written report of findings and
recommendations regarding the best strategies regarding the revision or repeal of state law
provisions to the mayor of the city of New Orleans, the New Orleans City Council, and the
members of the Orleans Parish legislative delegation no later than Jan. 31, 2023.
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