Louisiana 2010 Regular Session

Louisiana House Bill HB247 Latest Draft

Bill / Engrossed Version

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Regular Session, 2010
HOUSE BILL NO. 247
BY REPRESENTATIVE GREENE
PUBLIC PRINTING: Eliminates requirement that the Acts of the legislature be published
in the official journal of the state
AN ACT1
To amend and reenact R.S. 43:19, 19.1, 24, and 81(introductory paragraph) and to repeal2
R.S. 43:81(5) and 87, relative to Acts of the legislature; to remove certain3
requirements relative to the publication of Acts of the legislature; to provide relative4
to the publication of certain documents on the official Internet website or portal of5
the legislature; to provide relative to the duties of the secretary of state; to provide6
for certain notice concerning Acts of the legislature; to provide relative to the duties7
of the state printer of the official journal of the state; to provide relative to the duties8
of clerks of court; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 43:19, 19.1, 24, and 81(introductory paragraph) are hereby amended11
and reenacted to read as follows:12
§19.  Laws to be printed in book form; style of printing; number of copies 13
The acts Acts of the legislature shall be published in book form, in the14
English language, with a list of the acts Acts, the dates of their promulgation, and an15
index thereto. Below each act Act shall be printed the date of approval by the16
governor, if approved, or by the legislature in the case of vetoed bills becoming law17
upon reconsideration by the legislature, and also the date of the publication thereof18
in the official journal of the state.  The number of copies printed shall be at the19
discretion of the secretary of state but shall not exceed one thousand five hundred20 HLS 10RS-530	ENGROSSED
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copies. The copies shall be delivered to the secretary of state as soon as possible1
after the adjournment of the legislature.  2
§19.1.  Legislative web site website3
Any legislative or governmental instrument, journal, index, order, report, or4
other official document of the state which has previously been published in the5
official journal of the state as provided for in this Title and any Act of the legislature6
may be made accessible on the official Internet web site website or portal of the7
Louisiana State Legislature.8
*          *          *9
§24.  Acts; numbering; publication 10
A. The governor shall transmit each bill delivered to him by the legislature,11
other than vetoed bills, to the secretary of state as soon as possible after he has taken12
action thereon and in any event no later than twenty days after the delivery of such13
bills to him. Similarly, the chief clerical officer of each house shall transmit all14
vetoed bills to the secretary of state after the legislature has acted or determined not15
to act on them or has found a veto session unnecessary.  The secretary of state shall16
keep a register of such bills and shall endorse therein the date and time of their17
receipt from the governor or the legislature. The secretary of state shall assign act18
Act numbers to all bills which become law.19
B. The secretary of state shall, upon request, deliver copies of the acts Acts,20
in numerical order by act Act number, to the person, firm, or corporation to whom21
the contract for printing acts Acts was awarded. He shall also deliver copies of the22
acts in the same order to the state printer of the Official Journal of the State for23
publication in the official journal. The acts Acts shall be published in numerical24
order by act Act number. The secretary of state shall endorse in the register required25
in Subsection A above of this Section the date and time of delivery of the 	acts for26
publication in the official journal and Acts for printing of the acts.27
C. The secretary of state shall take all necessary actions to cause the acts and28
joint resolutions of the legislature to be printed in the Official Journal of the State29 HLS 10RS-530	ENGROSSED
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within the time limits established by R.S. 43:87.  He shall also take all necessary1
actions to cause the date of such publication in the official journal to be printed2
below each act in the acts published as provided in R.S. 43:19.3
C. Within sixty days following final adjournment of a regular, extraordinary,4
or emergency session of the legislature, the secretary of state shall cause a5
notification to be published in the official journal of each parish having a population6
of greater than one hundred thousand according to the latest federal decennial census7
informing the public of where the full text of the Acts of the legislature may be8
obtained.9
*          *          *10
§81.  Official journal of state11
The printing of advertisements, public notices, and proclamations and the12
promulgation of all laws and joint resolutions of the legislature, and all public13
notices and advertising to be done by the legislature, or the executive or other14
departments and institutions of the state government, shall be published in a daily15
newspaper to be known and designated as the "Official Journal of the State", which16
newspaper shall have and possess the following qualifications, viz:17
*          *          *18
Section 2.  R.S. 43:81(5) and 87 are hereby repealed in their entirety.19
Section 3. This Act shall take effect and become operative if and when the proposed20
amendment of Article III , Section 19 of the Constitution of Louisiana contained in the Act21
which originated as House Bill No. 248 of this 2010 Regular Session of the Legislature of22
Louisiana is adopted at the statewide election to be held in 2010 and becomes effective.23
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)]
Greene	HB No. 247
Abstract: Removes the requirement that Acts of the legislature be published in the official
journal of the state. Removes duties of the state printer of the official journal of the
state, the secretary of state, and clerks of court regarding the publication of Acts of HLS 10RS-530	ENGROSSED
HB NO. 247
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the legislature in the official journal of the state. Provides specific authority to make
Acts of the legislature accessible on the website of the legislature.  Requires the
secretary of state to cause certain notices to be published regarding availability of
Acts of the legislature.
Present law (R.S. 43:87) requires the state printer of the official journal of the state to print
in full in the official journal of the state all laws and joint resolutions of the legislature.
Provides time limits for publication. Requires the state printer of the official journal of the
state to deliver to the secretary of state upon his order copies of the official journal of the
state containing the laws or joint resolutions enacted by the legislature.  Requires the
secretary of state to cause the copies of the official journal of the state to be sent to the clerks
of court. Requires the clerks of court to carefully preserve the copies of the official journal
of the state until they receive copies of the laws in book form. Provides that the state printer
of the official journal of the state shall not receive more than $6 per 100 for copies of the
matter printed in the official journal of the state.  Requires the secretary of state to send a
copy of the official journal of the state to a requesting legislator or judge.
Proposed law repeals present law.
Present law (R.S. 43:19) requires the Acts of the legislature to be published in book form.
Provides that the date of approval by the governor, or legislature if vetoed, be printed below
each Act.   Proposed law retains present law. 
Present law further requires that the date of publication in the official journal of the state be
printed below each Act.  Proposed law removes this requirement.
Present law (R.S. 43:19.1) provides that any legislative or governmental instrument, journal,
index, order, report, or other official document of the state which has previously been
published in the official journal of the state as provided for in present law may be made
accessible on the official Internet website or portal of the legislature.
Proposed law retains present law and adds specific authority to make accessible on the
website of the legislature any Act of the legislature.
Present law (R.S. 43:24) provides duties for the governor, secretary of state, and chief
clerical officers of each house of the legislature relative to Acts of the legislature. Requires
the secretary of state to deliver copies of the Acts to the state printer of the official journal
of the state for publication. Requires the secretary of state to take all necessary actions to
cause the Acts of the legislature to be printed in the official journal of the state within the
time limits established in present law (R.S. 43:87). Requires the secretary of state to cause
the date of publication in the official journal of the state to be printed below each Act in the
Acts published in book form.
Proposed law repeals present law duties of the secretary of state.  Requires the secretary of
state, within 60 days following final adjournment of a legislative session, to publish in the
official journal of each parish having a population of greater than 100,000 a notice informing
the public of where the full text of the Acts of the legislature may be obtained.
Present law (R.S. 43:81) provides relative to the official journal of the state.  Provides that
advertisements, public notices, proclamations, and all public notices and advertising to be
done by the legislature, or the executive or other departments and institutions of state
government, shall be printed in the official journal of the state.  Proposed law retains present
law.
Present law further provides that all laws and joint resolutions be promulgated in the official
journal of the state.  Proposed law removes this requirement. HLS 10RS-530	ENGROSSED
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Present law provides qualifications that must be met for a newspaper to be the official
journal of the state.  Proposed law generally retains present law.
Present law specifically provides that one of the qualifications to be the publisher of the
official journal of the state is that the publisher must be capable of and agree to publish the
Acts of the legislature within time limits established by present law.  Proposed law removes
this particular qualification.
Effective if and when the proposed amendment of Art. III, §19 of the Const. of La. contained
in the Act which originated as House Bill No. 248 of this 2010 R.S. of the Legislature of La.
is adopted at a statewide election and becomes effective.
(Amends R.S. 43:19, 19.1, 24, and 81(intro. para.); Repeals R.S. 43:81(5) and 87)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Made technical changes.