§2341. Public trusts authorized; purposes
A. Express trusts may be created or amended to issue obligations and to provide
funds for the furtherance and accomplishment of any authorized public function or purpose
of the state or of any parish, municipality, political or governmental subdivision or any other
governmental unit in the state in real or personal property, or either or both, or in any estate
or interest in either or both, with the state, or any such governmental units as the beneficiary
thereof by and with the: (1) express approval of the governor and two-thirds of the elected
members of each house of the legislature if the state of Louisiana or any state agency is the
beneficiary; (2) express approval of a majority of the membership of the governing authority
of the beneficiary and the State Bond Commission or its successor if a parish or municipality
or a political or governmental subdivision thereof is the beneficiary; and (3) express approval
of a majority of the membership of the governing authority of the beneficiary and the State
Bond Commission or its successor, in all other cases. The beneficiary of any such trust is
authorized to utilize the trust to issue obligations to accomplish any of the foregoing
authorized public functions or purposes of the beneficiary. Provided, that no funds of said
beneficiary derived from sources other than the trust property, or the operation thereof, shall
be charged with or expended for property of or the operation of said trust, except by express
action of the legislature or the governing authority of the beneficiary, as the case may be,
prior to the charging or expending of the funds. The officers or any other governmental
agencies or authorities having the custody, management or control of any property, real or
personal or both, of the beneficiary of such trust, or of such a proposed trust, which property
shall be used for the execution of the trust purposes, are authorized and empowered to lease
such property for said purposes in accordance with law, after the acceptance of the beneficial
interest therein by the beneficiary.
B.(1) For purposes of this Chapter, authorized public functions or purposes of the
state and of any parish, municipality, political or governmental subdivision or any other
governmental unit in this state, except as otherwise and to the contrary provided by the laws
of this state, shall mean and include but not be limited to:
(a) Hospital, medical, health, nursery care, nursing care, clinical, ambulance,
laboratory, and related services and facilities.
(b) Housing, mortgage finance and related services, activities, facilities, and
properties.
(c) Penitentiary, rehabilitation, incarceration, and other correctional services and
facilities.
(d) Educational services and facilities and related housing and dormitory services and
facilities.
(e) Providing, developing, securing, and improving water storage, treatment, supply,
and distribution services and facilities.
(f) Sanitary and storm sewer and other liquid and solid waste collection, disposal,
treatment, and drainage services and facilities.
(g) Educational or commercial communication equipment and facilities.
(h) Mass transit, commuting and transportation, and parking services, equipment,
and facilities.
(i) Cultural and civic facilities, services and activities.
(j) Community development and redevelopment facilities and activities.
(k) Gas, electric, petroleum, coal and other energy collection, recovery, generation,
storage, transportation, and distribution facilities and activities.
(l) Industrial, manufacturing, and other economic development facilities and
activities.
(m) Antipollution and air, water, ground, and subsurface pollution abatement and
control facilities and activities.
(n) Airport and water port and related facilities, services, and activities.
(o) Facilities, property and equipment of any nature for the use or occupancy of the
state or the United States, or any agencies or instrumentalities thereof or of any governmental
units in the state.
(2) For purposes of this Chapter, authorized public functions or purposes of the state
and of any parish, municipality, political or governmental subdivision, or any other
governmental unit in this state shall not mean or include casino gaming operations and
riverboat gaming operations or any acquisition, construction, demolition, repair,
maintenance, or other costs associated directly or indirectly with an official gaming
establishment or a riverboat licensed for gaming activities and facilities associated with
docking, berthing, or loading and unloading passengers of such riverboats. For purposes of
this limitation "casino gaming operations" and "official gaming establishment" shall have the
meanings ascribed to them in the Louisiana Economic Development and Gaming
Corporation Act, R.S. 27:201 et seq.
C. The trustees of a public trust shall make and adopt bylaws for the due and orderly
administration and regulation of the affairs of the public trust. All bylaws of a public trust
shall be submitted in writing to the governor of the state of Louisiana, if the state of
Louisiana or any state agency is the beneficiary and, in all other cases, the governing
authority of the beneficiary. The governor or the governing authority of the beneficiary shall
have the power to veto all or part of the proposed bylaws. Failure to approve or veto the
proposed bylaws within thirty days shall constitute automatic approval.
D. All public trusts hereafter created or amended under this Chapter shall constitute
public corporations of the beneficiary, and as such shall have the powers and duties of such
corporations, including the power to incur debt and contract obligations; to sue and be sued;
to have a corporate seal; to do and perform all acts in a corporate capacity and in a corporate
name. All public trusts created heretofore or hereafter shall be subject to the Public
Contracts Law, Public Records Law, Public Meetings Law, Code of Ethics, and the Bond
Validation Procedures Law.
E.(1) Upon the application of one or more of the deep-water port commissions or
deep-water port, harbor, or terminal districts as defined by Article VI, Section 44 of the
Constitution of Louisiana, as authorized by the governing board of such deep-water port
commission or deep-water port, harbor, or terminal district, the governor of the state of
Louisiana is authorized to create a public trust with the power to issue obligations, to
guarantee loans, and to lend money for the purpose of financing and facilitating the import
and export of goods, commodities, and services, and the financing of services connected with
the import and export of goods, commodities, and services. The beneficiary of such a trust
shall be the state of Louisiana. Only one such public trust shall be created in the state by the
governor. The trust so created is authorized to issue obligations to accomplish its purposes.
(2)(a) The trust shall have the power and authority to issue and reissue obligations,
bonds, notes, or other evidences of indebtedness having a term of fifteen years or less to
finance its functions. The functions of the trust shall include but not be limited to: financing
and facilitating the import and export of goods, commodities, and services; the financing of
services connected with the import and export of goods, commodities, and services;
promoting and developing the import and export of goods, commodities, and services;
promoting and developing the deep-water ports, harbors, and terminals of the state;
guaranteeing loans; and providing funds for the operation, maintenance, and administrative
expenses of the trust. All such obligations shall be submitted to and approved by the State
Bond Commission prior to the issuance and delivery of such obligations.
(b) All such obligations issued by the trust shall be negotiable instruments, and shall
be solely the obligations of the trust and not of the state of Louisiana. The obligations and
income thereof shall be exempt from all taxation in the state of Louisiana. The obligations
shall be payable out of the income, revenues, and receipts derived or to be derived from the
trust properties and facilities maintained and operated by the trust or received by the trust
from any other sources whatsoever, including, but not by way of limitation, other monies
which, by law or contract, may be made available to the trust. In addition to the pledge of
income, revenues, or receipts to secure said obligations, the trust may further secure their
payment by any other security authorized in the resolution authorizing the issuance of the
obligations. Such obligations shall be authorized and issued by a resolution adopted by a
majority vote of the trustees present and voting and shall be of such series, bear such date or
dates, mature at such time or times, bear interest at such rate or rates, be in such
denominations, be in such form, carry such registration and exchangeability privileges, be
payable at such place or places, be subject to such terms of redemption and be entitled to
such priorities on the income, revenues, and receipts of the trust and contain such other
provisions as such resolution may provide. The obligations shall be executed in the name
of the trust in the manner provided in the resolution authorizing the issuance of such
obligations. Such obligations may be sold in such manner and from time to time as may be
determined by the trust to be most beneficial and the trust may pay all expenses and
commissions which it may deem necessary or advantageous in connection with the issuance
and sale thereof.
(c) Obligations issued hereunder are hereby declared legal investments and are
hereby made securities in which all insurance companies and associations and other persons
carrying on an insurance business, trust companies, banks, bankers, banking associations,
savings banks, and savings associations, including savings and loan associations, credit
unions, building and loan associations, investment companies, executors, administrators,
trustees, and other fiduciaries, pension, profit-sharing, retirement funds, and other persons
carrying on a banking business, and all other persons who are authorized to invest in revenue
bonds may properly and legally invest funds, including capital in their control or belonging
to them. Such obligations are hereby made securities which may properly and legally be
deposited with and received by any state or municipal or public officer or any agency or
political subdivisions of the state for any purpose for which the deposit of revenue bonds is
authorized by law.
(d) Any resolution authorizing the issuance of obligations shall be published one
time in the official journal of the state of Louisiana; however, it shall not be necessary to
publish any exhibits to such resolution if the same are available for public inspection and
such fact is stated in the publication. For thirty days after the date of publication, any person
in interest may contest the legality of the resolution, any provision of the obligations to be
issued pursuant to it, the provisions therein made for the security and payment of the
obligations, and the validity of all the provisions and proceedings relating to the
authorization and issuance of such obligations. After that time, no person may contest the
regularity, formality, legality, or effectiveness of the resolution, any provisions of the
obligations to be issued pursuant to it, the provisions for the security and payment of the
obligations, and the validity of all other provisions and proceedings relating to their
authorization and issuance, for any cause whatever. Thereafter, it shall be conclusively
presumed that the obligations are legal and that every legal requirement for the issuance of
the obligations has been complied with. The bonds shall not be contestable after the thirty
days.
(3) The trust shall have the power to lend money at competitive rates of interest, and
to guarantee loans, in order to facilitate the functions of the trust set forth in R.S.
9:2341(E)(2).
(4) The governor shall appoint seven trustees, one from each congressional district
in the state and the remaining trustee or trustees from the state at large, and the secretary of
Louisiana Economic Development shall be a trustee, serving in an ex officio capacity. The
appointed trustees shall serve six-year staggered terms; however, of the initial trustees
appointed after January 13, 1992, three shall serve terms of two years, three shall serve terms
of four years, and two shall serve terms of six years, all as designated by the governor.
(5) The governor shall designate one member of the trust to serve as chairman. The
trustees shall elect a vice-chairman and a secretary-treasurer from among the members of the
trust.
(6) Except as otherwise provided herein the provisions of this Chapter shall be
applicable to the public trust created under this Subsection. The provisions of R.S. 9:2347
shall not be applicable to the public trust created under this Subsection; however, all
financial advisors fees and any underwriters discount may be approved in writing by the State
Bond Commission and the attorney general's office.
(7) Any attorneys' fees in connection with the issuance of any obligations, notes, or
other evidences of indebtedness shall be subject to approval of the attorney general.
(8) All obligations, notes, or other evidences of indebtedness issued by the public
trust shall be special obligations of the trust and shall be deemed to have been issued on
behalf of the beneficiary of the trust.
(9) In no event shall any obligations, notes, or other evidences of indebtedness of the
trust constitute an obligation, either special or general, of the state of Louisiana within the
meaning of any constitutional or statutory provision whatsoever, and the obligations shall
contain a recital to that effect.
F. Each appointment by the governor shall be submitted to the Senate for
confirmation.
Acts 1970, No. 135, §1; Amended by Acts 1976, No. 699, §1, eff. Aug. 4, 1976; Acts
1978, No. 778, §1; Acts 1979, No. 524, §1, eff. July 17, 1979; Acts 1984, No. 375, §1, eff.
July 6, 1984; Acts 1986, No. 953, §1, eff. July 14, 1986; Acts 1986, No. 897, §1; Acts 1986,
1st Ex. Sess., No. 27, §1, eff. Dec. 24, 1986; Acts 1987, No. 377, §1, eff. July 7, 1987; Acts
1990, No. 457, §1; Acts 1991, No. 189, §1, eff. Jan. 13, 1992; Acts 1993, No. 693, §1, eff.
June 21, 1993; Acts 2012, No. 803, §2.
NOTE: SEE ACTS 1984, NO. 375, §2.
NOTE: SEE ACTS 1986, 1ST EX. SESS., NO. 27, §2.
NOTE: SEE ACTS 1990, NO. 457, §2. TERMS OF §2341(E) TRUSTEES
EXPIRED SEPT. 7, 1990.
NOTE: See Acts 2005, No. 428, §4, relative to the La. Import and Export
Trust Authority.