HLS 10RS-95 ORIGINAL Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2010 HOUSE BILL NO. 309 BY REPRESENTATIVE GREENE PUBLIC PRINTING: Provides relative to certain public printing requirements AN ACT1 To amend and reenact R.S. 43:31(B)(2) and to enact R.S. 43:31(B)(3), relative to public2 printing; to impose certain restrictions on public printing; to limit certain exemptions3 from certain public printing requirements; to require certain reports; to provide for4 penalties; and to provide for related matters.5 Be it enacted by the Legislature of Louisiana:6 Section 1. R.S. 43:31(B)(2) is hereby amended and reenacted and R.S. 43:31(B)(3)7 is hereby enacted to read as follows: 8 ยง31. Printed matter prohibitions; uniform standards; election material9 * * *10 B.11 * * *12 (2) The provisions of this Subsection shall not apply to printed matter used13 by the following entities: the Department of Economic Development for the purpose14 of attracting new industry to locate within the state of Louisiana; the Department of15 Culture, Recreation and Tourism, relative to new promotional materials; and public16 colleges and universities, and vocational-technical schools. the following: 17 (a) Any leaflet, postcard, brochure of no more than two pages, or magazine,18 if the magazine contains the statement "Paid for with public funds provided by the19 people of Louisiana" and is sent exclusively to persons or entities located outside of20 the state, used by the Department of Economic Development for the purpose of21 promoting economic development within the state of Louisiana.22 (b) Any leaflet, postcard, brochure of no more than two pages, or magazine,23 if the magazine contains the statement "Paid for with public funds provided by the24 HLS 10RS-95 ORIGINAL HB NO. 309 Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. people of Louisiana" and is sent exclusively to persons or entities located outside of1 the state, used by the Department of Culture, Recreation and Tourism to promote2 culture, recreation, or tourism.3 (c) Any printed matter used by a public institution of postsecondary4 education that is an academic or scholarly document or that is a leaflet, postcard, or5 brochure of no more than two pages designed to promote the institution.6 (d) Any reports, research, or studies of a medical center or health care7 institution in the health care services division of the Louisiana State University8 Health Sciences Center.9 (3) The Department of Economic Development, the Department of Culture,10 Recreation and Tourism, each public institution of postsecondary education, and11 each medical center and health care institution in the health care services division of12 the Louisiana State University Health Sciences Center shall submit a report to the13 Joint Legislative Committee on the Budget within forty-five days of the close of each14 fiscal year. Each report required by this Paragraph shall contain information15 regarding actual expenses associated with the printed matter provided for in16 Paragraph (2) of this Subsection for the fiscal year being reported and, if required by17 R.S. 43:31.1, shall include a copy of the needs assessment performed in the manner18 provided by R.S. 43:31.1 for each publication in the fiscal year being reported.19 * * *20 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. 309 Abstract: Limits certain exemptions from the requirement that printed matter contains specific information regarding the cost of the publication and requires certain reports regarding the documents printed pursuant to such exemption. Present law requires all printed matter, except documentation in connection with proceedings of the executive, legislative, and judicial branches of state government, printed or caused to be printed by any branch, department, agency, official, employee, or other entity of state government, to contain a specific statement concerning the cost of publishing and printing the publication, the "cost box". Present law requires the following three factors to be utilized HLS 10RS-95 ORIGINAL HB NO. 309 Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. in computing cost data: (1) preparation of the public document for publication; (2) printing, including all expenditures for reproduction, whether on bid or in-house; and (3) circulation, including all estimated expenditures for postage and distribution of the public document. Present law exempts from present law printed matter used by the Dept. of Economic Development for the purpose of attracting new industry to locate within the state of La.; new promotional materials of the Dept. of Culture, Recreation and Tourism; and public colleges and universities, and vocational-technical schools. Proposed law changes and restricts the exemptions as follows: (1)Provides that the exception for the Dept. of Economic Development from having to include a "cost box" on printed matter applies to the following types of printed matter used by the department for the purpose of promoting economic development within the state of Louisiana: a leaflet, postcard, brochure of no more than two pages, or magazine if the magazine contains the statement "Paid for with public funds provided by the people of Louisiana" and is sent exclusively to persons or entities located outside of the state. (2)Provides that the exception for the Dept. of Culture, Recreation and Tourism from having to include a "cost box" on printed matter applies to the following types of printed matter used by the department to promote culture, recreation, or tourism: any leaflet, postcard, brochure of no more than two pages, or magazine if the magazine contains the statement "Paid for with public funds provided by the people of Louisiana" and is sent exclusively to persons or entities located outside of the state. (3)Provides that the exception for public institutions of postsecondary education from having to include a "cost box" on printed matter applies to any printed matter used by a public institution of postsecondary education that is an academic or scholarly document, or that is a leaflet, postcard, or brochure of no more than two pages designed to promote the institution. Further exempts any reports, research, or studies of a medical center or health care institution in the health care services division of the LSU Health Sciences Center from the "cost box" provisions. Proposed law requires the Dept. of Economic Development, Dept. of Culture, Recreation and Tourism, each public institution of postsecondary education, and each medical center and health care institution in the health care services division of the LSU Health Sciences Center to annually report actual expenses related to the printing specified above to the Joint Legislative Committee on the Budget within 45 days of the close of each fiscal year and to include a copy of the needs assessments required by present law (R.S. 43:31.1) which requires agencies (excluding higher education institutions) to do a needs assessment on all printed matter which includes information relative to the content of the matter to be printed, the reason for printing, the number of copies to be printed, the distribution and mailing list for the printing, and any other particular specifications such as paper weight and color and requires the needs assessment to be provided to and approved by the appropriate administrative head or department secretary prior to the expenditure of any funds for the printing of such document. Present law provides that any administrative head of any branch, department, agency, or entity who violates any provision of present law and any employee who, without the authorization of his administrative superior, violates any provision of present law shall be personally liable for the cost of any printing in violation of present law. Specifies that any funds of, administered by, or under the control of any branch, department, agency, official, employe e, or other entity of state government expended on any printing in violation of present law may be recovered by the state in a civil action instituted by the attorney general or any taxpayer. Present law further provides that any person who violates the provisions HLS 10RS-95 ORIGINAL HB NO. 309 Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. of present law shall be assessed a fine by the court of not more than $500. Proposed law retains present law for proposed law violations. (Amends R.S. 43:31(B)(2); Adds R.S. 43:31(B)(3))