The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Senate Legislative Services. The keyword,
summary, 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)]
DIGEST
SB 63 Original 2025 Regular Session Jenkins
Present law (R.S. 33:361) provides that a municipality shall be vested with all powers, rights,
privileges, immunities, authorities, and duties in accordance with all constitutional and statutory
provisions.
Proposed law retains present law and expands the powers of municipalities to provide that the
governing authority of a municipality shall have a privilege against a multifamily residential property
for the amount of any unpaid service charge or user fee for sewage disposal services or water system
services the municipality provides.
Proposed law provides that the privilege shall apply only to multifamily residential property that uses
a master meter service agreement in which a single water meter or collection of meters measures the
total water or sewage services usage for the entire property or multiple units within a development,
including an apartment or condominium complex.
Proposed law provides that each municipal governing authority may provide by ordinance for the
filing into the public records of notice of nonpayment of a service charge or user fee for sewage
disposal or water system services provided to a multifamily residential property within the
municipality. Further provides that the filing of the notice of nonpayment shall perfect the privilege
against the property for the unpaid charge or fee which is superior in rank to mortgages, vendor's
privileges, and all other privileges except tax privileges.
Proposed law provides that the ordinance shall provide for notice by certified mail, prior to filing the
notice in the public records, to any multifamily residential property which fails to pay the service
charge or user fee that a privilege exists upon the property for the amount of the unpaid charge or
fee and that the privilege will be perfected by the filing of a notice of nonpayment in the public
records.
Proposed law provides that not less than 30 days after mailing the notice and only after the
multifamily residential property's subsequent failure to pay the charge or fee within the 30 days, the
notice of nonpayment may be filed in the mortgage records of the parish. Further provides that the
privilege filed by municipalities against such multifamily residential property for unpaid sewage
disposal or water system service charges or user fees shall not be effective against third parties until
filed in the mortgage records.
Effective August 1, 2025.
(Adds R.S. 33:361.1)