Could the Caddo Levee District raise its campsite lease rates without a state fee-approval vote?

Plain-English summary

The Caddo Levee District asked in 2005 whether Louisiana constitutional or statutory controls on fee increases prevented it from raising campsite lease rates. The district leased approximately 225 campsites, and its rates had not changed since 1995. The Attorney General concluded that the district could increase its own lease rates.

The opinion classified the levee district as a political subdivision under La. R.S. 38:281(6), rather than a state agency covered by the fee provisions in La. Const. Art. 7 or La. R.S. 49:971. On that basis, the AG said it did not need to decide whether the rental charge itself counted as a fee.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy.

Common questions

Could the district raise its campsite rent?

The AG said yes. It found that the cited state fee-increase rules did not govern the Caddo Levee District as a political subdivision.

Why did the opinion treat the district differently from a state agency?

It relied on La. R.S. 38:281(6), which defined a levee district as a political subdivision. The opinion contrasted that status with the state bodies covered by the cited constitutional and administrative provisions.

Did the AG decide whether campsite rent was legally a fee?

No. The AG said that classification was unnecessary because the cited fee provisions did not apply to this levee district.

Background and statutory framework

La. Const. Art. 7 and La. R.S. 49:971 addressed increases in fees imposed by state agencies or other state bodies. La. R.S. 38:281(6) classified levee districts as political subdivisions. The AG used that distinction to answer the district's question about its campsite leases.

Citations

• La. R.S. 49:971 (agency fee oversight provision).
• La. R.S. 38:281(6) (levee district as political subdivision).
• La. R.S. 42:62 (political subdivision definition quoted by the opinion).
• La. Const. Art. 7 (state fee provision discussed by the opinion).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0209

Original opinion text

July 28, 2005
OPINION NO. 05-0209
63 – LEVEES, DRAINAGE DISTRICT & FLOOD CONTROL

90 – A – POLITICAL SUBDIVISIONS – Officers, Agents Employees

La. R.S. 49:971
La. R.S. 38:281(6)
La. R.S. 49:971(A)(1)
La. R.S. 42:62
La. R.S. 49:200 (C)
La. Const. Art. 7
La. Const. Art. 6
Honorable R. Perry Pringle, Jr.
Since the Caddo Levee District is a political subdivision of the
Attorney, Caddo Parish Levee District state and is not a state board, commission, department, agency,
Pringle & Hertzog, APLC
special district, authority, or other entity of the thereof, the
Constitution nor the Administrative Procedures Act is not
517 Spring Street
applicable. Therefore, it is unnecessary to analyze whether the
Shreveport, LA 71101-7281
Levee Board’s rental charge is a fee. It is the opinion of this office
that the Caddo Levee District is not subject to the fee provisions set forth in either La. Const. Art. 7 or La. R.S. 49:971 and that it
Dear Mr. Pringle: does have the power to increase its own campsite lease rates.

I am in receipt of your letter requesting the issuance of an Attorney General’s opinion concerning the applicability of the Constitution, La. R.S. 49:971 or other statutes to increases in campsite lease rates.

Your letter indicates that the Caddo Levee District currently owns approximately 225 one acre campsites which it leases for three year periods to the general public. The Board of Commissioners wants to increase its campsite lease rates which have not changed since 1995. You raise the question about whether some Constitutional or statutory provision prevents the Board from increasing its campsite lease rates.

La. Const. Art. 7, Section 2.1, states that “any new fee or civil fine or increase in an existing fee or civil fine imposed or assessed by the state or board, department or agency of the state shall require the enactment of a law by a two-thirds vote of the elected members of each house of the legislature.”

La. R.S. 49:971 is Louisiana’s version of the Administrative Procedures Act and deals with “[r]ejection of agency fee adoption, increases, or decreases; prohibition against fee increases and new fees; exceptions.” Section 971(A)(1) provides that:

[i]f either the House or Senate oversight subcommittees appointed pursuant to R.S. 49:968 determines that a proposed fee adoption, increase or decrease is unacceptable, the respective subcommittee shall provide a written report containing the reasons therefore, to the governor, the agency proposing the fee adoption, increase or decrease, and the

Page 2

Honorable R. Perry Pringle, Jr.
Attorney, Caddo Parish Levee District
OPINION No. 05-0209
Page 2
other house of the legislature. If the oversight committee of the other house of the legislature likewise determines that the proposed fee adoption, increase or decrease is unacceptable the fee action shall not be adopted by the agency.

Both La. Const. Art. 7 and La. R.S. 49:971 involve the executive branch of state government. La. Const. Art. 7 applies to “the state or board, department or agency of the state.” Likewise, La. R.S. 49:971 makes reference to a state agency which is defined in La. R.S. 49:200 (C) as “any board, commission, department division, agency, office or other entity within the executive, judicial, and legislative branches of government.”

Levee districts, on the other hand, do not fall under the Executive Branch in the Constitution. Rather, La. Const. Art. 6 concerns itself with and is entitled “Local Government.” Under La. Const. Art. 6, Section 38, the Constitution provides for “Levee Districts.”

La. R.S. 38:281(6) defines a levee district as “a political subdivision of this state.” A political subdivision is not the same as some “state or board, department or agency of the state.” It is instead “a parish, municipality or any other unit of local government, including a school board and special district, authorized by law to perform governmental functions.” La. R.S. 42:62; see also Wynat Development Company v. Board of Levee Commissioners for Parish of New Orleans, 710 So.2d 783, 790 (La. 1998).

Since the Caddo Levee District is a political subdivision of the state and is not a state board, commission, department, agency, special district, authority, or other entity of the state, the Constitution nor the Administrative Procedures Act is not applicable here. Therefore, it is unnecessary to analyze whether the Levee Board’s rental charge is a fee. It is the opinion of this office that the Caddo Levee District is not subject to the fee provisions set forth in La. Const. Art. 7 or La. R.S. 49:971 and that it does have the power to increase its campsite lease rates.

We hope that this sufficiently answers your inquiry, but if we can be of further assistance, do not hesitate to contact us.

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By:_____
Christopher D. Matchett
Assistant Attorney General

CCF,Jr.:CDM:lrs

Page 3

OPINION NO. 05-0209

63 – LEVEES, DRAINAGE DISTRICT & FLOOD CONTROL

90 – A – POLITICAL SUBDIVISIONS – Officers, Agents Employees

La. R.S. 49:971
La. R.S. 38:281(6)
La. R.S. 49:971(A)(1)
La. R.S. 42:62
La. R.S. 49:200 (C)
La. Const. Art. 6
La. Const. Art. 7

Since the Caddo Levee District is a political subdivision of the state and is not a state board, commission, department, agency, special district, authority, or other entity of the thereof, the Constitution nor the Administrative Procedures Act is not applicable. Therefore, it is unnecessary to analyze whether the Levee Board’s rental charge is a fee. It is the opinion of this office that the Caddo Levee District is not subject to the fee provisions set forth in either La. Const. Art. 7 or La. R.S. 49:971 and that it does have the power to increase its own campsite lease rates.

Honorable R. Perry Pringle, Jr.
Attorney, Caddo Parish Levee District
Pringle & Hertzog, APLC
517 Spring Street
Shreveport, LA 71101-7281

Date Received:
CHRISTOPHER D. MATCHETT
Date Released: July 28, 2005
Assistant Attorney General