Louisiana 2010 2010 Regular Session

Louisiana House Bill HB309 Introduced / Bill

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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
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B.11
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(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
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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
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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
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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
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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))