SLS 14RS-105 ORIGINAL Page 1 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2014 SENATE BILL NO. 64 BY SENATOR CORTEZ AIRCRAFT/AVIATION. Expands powers of Lafayette Airport Commission to include economic development purposes. (8/1/14) AN ACT1 To amend and reenact R.S. 2:604(6) and (7) and 604.1(A)(1)(introductory paragraph), (2),2 (4) and (B) and to enact R.S. 2:604.2, relative to airport authorities; to expand the3 powers of the Lafayette Airport Commission to include economic development4 purposes; and to provide for related matters.5 Notice of intention to introduce this Act has been published.6 Be it enacted by the Legislature of Louisiana:7 Section 1. R.S. 2:604(6) and (7) and 604.1(A)(1)(introductory paragraph), (2), (4)8 and (B) are hereby amended and reenacted and R.S. 2:604.2 is hereby enacted to read as9 follows: 10 §604. General powers of the authority11 An authority will have all the powers necessary or convenient to carry out the12 purposes of this Chapter (excluding the power to levy and collect taxes or special13 assessments) including but not limited to, the power14 * * *15 (6) Subject to the approval of the State Bond Commission and Tax Board,16 the authority may make, in any year, contracts dedicating in whole or in part the17 SB NO. 64 SLS 14RS-105 ORIGINAL Page 2 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. excess of annual revenues of subsequent years above statutory, necessary, and usual1 charges. No such contract will have any longer term fixed for payment than ten years2 from the date of the contract. No dedication of future revenues will be made which,3 alone or with other prior dedications in force, exceeds the estimated excess of4 revenues over the statutory, necessary, and usual charges of the year in which the5 contract is made. This Section will not be construed to prohibit an authority from6 providing by ordinance or resolution for the expenditure of funds derived from7 miscellaneous or contingent sources actually collected, subject to the dedication of8 such funds established by law.9 (7) In addition to the authority granted in Paragraph 6 hereof, and subject to10 the approval of the State Bond Commission and the Lafayette City-Parish Council11 Parish Police Jury, the Lafayette Airport Commission may issue bonds or other debt12 obligations to construct, acquire, extend, or improve any revenue producing work of13 public improvements. The bonds or other debt obligations may be secured by the14 pledge of the income and revenues of such public work or work of public15 improvement and no such bonds or other debt obligations will have any longer term16 fixed for payment than twenty-five years. Any bonds or other debt obligations17 issued under this subpart will not be a charge upon any other income or other18 revenues of the Lafayette Airport Commission.19 * * *20 §604.1. Lafayette Airport Commission21 A. Project Revenue Bonds.22 (1) Subject to approval of the Lafayette City-Parish Council and the State23 Bond Commission, the Lafayette Airport Commission, is hereby authorized to issue24 revenue bonds in the manner provided for a municipal corporation or municipality25 under the terms and provisions of R.S. 39:1011 et seq. for the purpose of financing26 all or any portion of the costs of an airport related improvement projects or facilities27 located on property that is or will become part of the Lafayette Regional Airport.28 Such projects or facilities shall include but shall not be limited to:29 SB NO. 64 SLS 14RS-105 ORIGINAL Page 3 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. * * *1 (2) Such revenue bonds shall be issued in the name of the commission and2 shall not be general obligations secured by the full faith and credit of the3 commission, the Lafayette City-Parish Council, nor the state of Louisiana, but shall4 be limited obligations of the commission contemplated by Article 6, Section 37 of5 the Constitution of Louisiana. The principal, interest, and redemption premiums on6 the revenue bonds, if any, shall be payable solely from the income and revenue7 derived from the sale, lease, or other disposition of the project or facility so financed.8 * * *9 (4) In all other respects, the commission is authorized and empowered to10 issue its revenue bonds to finance projects or facilities as described in this Section11 under the authority contained in R.S. 39:1011 et seq., and the commission may12 contract with respect to such projects or facilities as herein provided. The13 commission may issue revenue refunding bonds in the manner provided by R.S.14 39:1011 et seq., and such refunding bonds may be issued for the purpose of15 refunding any debt obligations issued by the commission only if approved by the16 Lafayette City-Parish Council and the State Bond Commission.17 B. System Revenue Bonds. Subject to the approval of the State Bond18 Commission and the Lafayette City-Parish Council, the Lafayette Airport19 Commission may issue revenue bonds under the manner, terms, and conditions set20 out in R.S. 39:1011 et seq., and said commission may also issue revenue bonds in21 accordance therewith for the purpose of refunding any outstanding bonds or other22 debt obligations of the commission.23 §604.2. Lafayette Airport Commission; additional economic development24 functions25 A. In addition to any other powers and functions, the commission may26 perform the functions of an economic and industrial development entity. Such27 functions may include but shall not be limited to the following:28 (1) Public relations, advertising, marketing, and providing and29 SB NO. 64 SLS 14RS-105 ORIGINAL Page 4 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. disseminating information.1 (2) Government relations, ombudsman, and government liaison.2 (3) Financial and financing assistance.3 (4) Tax abatement.4 (5) Planning and coordination for economic development and resource5 utilization, including such functions as industrial and economic research and6 industrial programming and solicitation.7 (6) Industrial training, technical assistance, and technology transfer.8 (7) The use of public and other legal powers to facilitate development.9 (8) Promoting transfer mechanisms to take ideas from their point of10 origin and development to commercially successful utilization by local11 enterprises.12 (9) Fostering entrepreneurial activity for the Lafayette Regional Airport.13 (10) Promoting the development of new products, processes, or services14 or new uses for existing products, processes, or services manufactured or15 marketed for the Lafayette Regional Airport.16 (11) Supporting market research aimed at identifying new markets for17 local or regional products and processes, including international markets;18 determining the characteristics, needs and preferences of those markets; and19 developing new marketing techniques to exploit those markets.20 (12) Fostering and supporting economic and industrial development and21 education in cooperation with private business enterprises, financial22 institutions, educational institutions, nonprofit institutions and organizations,23 state government and political subdivisions of the state, the federal government,24 and other organizations or persons concerned with research, development,25 education, commercial application, and economic or industrial development in26 ways which increase the economic base of the Lafayette Regional Airport.27 B. For the purposes enumerated in Subsection A of this Section, the28 commission may engage in whatever activities and projects it deems most29 SB NO. 64 SLS 14RS-105 ORIGINAL Page 5 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. appropriate to encourage and assist economic growth and development in1 accordance with and pursuant to the provisions of this Chapter, including but2 not limited to the following:3 (1) To plan, acquire, construct, improve, maintain, equip, operate,4 regulate and protect economic development facilities, including the acquisition,5 maintenance and operation of buildings and other facilities, and the purchase6 of and sale of supplies, goods, and commodities as an incident to the operation7 of its properties. For such purposes an authority may, by purchase, gift, devise,8 or lease, acquire property, real or personal, or any interest therein, including9 easements in land outside the boundaries of such facility site.10 (2) To establish or acquire and maintain economic development facilities11 in, over, and upon any public waters of this state, any submerged lands under12 such public water; and to construct and maintain buildings, landing floats,13 causeways, roadways, and bridges for approaches to or connecting with any14 such facilities, and landing floats and breakwaters for the protection thereof.15 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Sharon F. Lyles. DIGEST Cortez (SB 64) Present law provides for the general powers of airport authorities and authorizes airport authorities to make contracts for a fixed term of no longer than 10 years and to dedicate excess future revenues above statutory, necessary, and usual charges subject to approval of the State Bond and Tax Board. Proposed law changes present law to State Bond Commission. Present law authorizes the Lafayette Airport Commission to issue bonds or other debt obligations to construct, acquire, extend, or improve any revenue producing work of public improvements subject to approval of the State Bond Commission and the Lafayette Parish Police Jury. Proposed law changes present law to Lafayette City-Parish Council. Proposed law authorizes the Lafayette Airport Commission to perform the functions of an economic and industrial development entity which functions may include but shall not be limited to the following: (1)Public relations, advertising, marketing, and providing and disseminating information. SB NO. 64 SLS 14RS-105 ORIGINAL Page 6 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (2)Government relations, ombudsman, and government liaison. (3)Financial and financing assistance. (4)Tax abatement. (5)Planning and coordination for economic development and resource utilization, including such functions as industrial and economic research and industrial programming and solicitation. (6)Industrial training, technical assistance, and technology transfer. (7)The use of public and other legal powers to facilitate development. (8)Promoting transfer mechanisms to take ideas from their point of origin and development to commercially successful utilization by local enterprises. (9)Fostering entrepreneurial activity for the Lafayette Regional Airport. (10)Promoting the development of new products, processes, or services or new uses for existing products, processes, or services manufactured or marketed for the Lafayette Regional Airport. (11)Supporting market research aimed at identifying new markets for local or regional products and processes, including international markets; determining the characteristics, needs and preferences of those markets; and developing new marketing techniques to exploit those markets. (12)Fostering and supporting economic and industrial development and education in cooperation with private business enterprises, financial institutions, educational institutions, nonprofit institutions and organizations, state government and political subdivisions of the state, the federal government, and other organizations or persons concerned with research, development, education, commercial application, and economic or industrial development in ways which increase the economic base of the Lafayette Regional Airport. Proposed law provides that for such enumerated purposes, the Lafayette Airport Commission may engage in whatever activities and projects it deems most appropriate to encourage and assist economic growth and development, including but not limited to the following: (1)To plan, acquire, construct, improve, maintain, equip, operate, regulate and protect economic development facilities, including the acquisition, maintenance and operation of buildings and other facilities, and the purchase of and sale of supplies, goods, and commodities as an incident to the operation of its properties. For such purposes an authority may, by purchase, gift, or lease, acquire property, real or personal, or any interest therein, including easements in land outside the boundaries of such facility site. (2)To establish or acquire and maintain economic development facilities in, over, and upon any public waters of this state, any submerged lands under such public water; and to construct and maintain buildings, landing floats, causeways, roadways, and bridges for approaches to or connecting with any such facilities, and landing floats and breakwaters for the protection thereof. Effective August 1, 2014. (Amends R.S. 2:604(6) and (7) and 604.1(A)(1)(introductory paragraph), (2), (4) and (B); adds R.S. 2:604.2)