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Regular Session, 2010
HOUSE BILL NO. 476
BY REPRESENTATIVE GREENE
PUBLIC PRINTING: Provides relative to public printing requirements
AN ACT1
To amend and reenact R.S. 43:31(B)(2) and (E) and 31.1 and to enact R.S. 43:31(B)(3),2
relative to public printing; to impose certain restrictions on public printing; to limit3
certain exemptions from certain public printing requirements; to require certain4
reports; to provide for penalties; to provide relative to needs assessment; to require5
certain information in the needs assessment; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 43:31(B)(2) and (E) and 31.1 are hereby amended and reenacted and8
R.S. 43:31(B)(3) is hereby enacted to read as follows: 9
§31. Printed matter prohibitions; uniform standards; election material10
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B.12
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(2) The provisions of this Subsection shall not apply to printed matter used14
by the following entities: the Department of Economic Development for the purpose15
of attracting new industry to locate within the state of Louisiana; the Department of16
Culture, Recreation and Tourism, relative to new promotional materials; and public17
colleges and universities, and vocational-technical schools. the following: 18
(a) Any leaflet, postcard, brochure of no more than two pages, or magazine,19
if the magazine contains the statement "Paid for with public funds provided by the20 HLS 10RS-1184 ORIGINAL
HB NO. 476
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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 Economic Development for the purpose of2
promoting economic development within the state of Louisiana.3
(b) Any leaflet, postcard, brochure of no more than two pages, or magazine,4
if the magazine contains the statement "Paid for with public funds provided by the5
people of Louisiana" and is sent exclusively to persons or entities located outside of6
the state, used by the Department of Culture, Recreation and Tourism to promote7
culture, recreation, or tourism.8
(c) Any printed matter used by a public institution of postsecondary9
education that is an academic or scholarly document or that is a leaflet, postcard, or10
brochure of no more than two pages designed to promote the institution.11
(d) Any reports, research, or studies of a medical center or health care12
institution in the health care services division of the Louisiana State University13
Health Sciences Center.14
(3) The Department of Economic Development, the Department of Culture,15
Recreation and Tourism, each public institution of postsecondary education, and16
each medical center and health care institution in the health care services division of17
the Louisiana State University Health Sciences Center shall submit a report to the18
Joint Legislative Committee on the Budget within forty-five days of the close of each19
fiscal year. Each report required by this Paragraph shall contain information20
regarding actual expenses associated with the printed matter provided for in21
Paragraph (2) of this Subsection for the fiscal year being reported and, if required by22
R.S. 43:31.1, shall include a copy of the needs assessment performed in the manner23
provided by R.S. 43:31.1 for each publication in the fiscal year being reported.24
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E.(1) No public official or public employee of any branch, department,26
agency, or other entity of state or local government shall affix his picture on or27
include his picture in any printed matter or cause his picture to be affixed on or28
included in any printed matter if the picture exceeds two inches by two inches.29 HLS 10RS-1184 ORIGINAL
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(2) No public official of any branch, department, agency, or other entity of1
state or local government shall affix his or her name or picture on drivers' licenses,2
except their own personal driver's license, issued by the state, or any publicly owned3
motor vehicle, nor shall any such official cause his name or picture to be so affixed.4
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§31.1. Printed matter; needs assessment6
A. Any department, agency, branch, official, employee, or other entity of7
state government seeking to print or have printed any public document shall perform8
a needs assessment to determine the need for such publication. The needs9
assessment shall include information relative to the content of the matter to be10
printed, the reason for printing, the number of copies to be printed, the distribution11
and mailing list for the printing, and any other particular specifications such as paper12
weight and color. If the printed matter is to include a picture of a public official or13
employee, the needs assessment shall further include a specific reason for the14
inclusion of the picture in the publication. The needs assessment shall be provided15
to and approved by the appropriate administrative head or department secretary prior16
to the expenditure of any funds for the printing of such document. The needs17
assessment shall be a public document and shall be open for public inspection and18
copying as provided by R.S. 44:1 et seq.19
B. The provisions of this Section shall not apply to colleges, universities, or20
any other higher education institutions.21
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. 476
Abstract: Limits certain exemptions from the requirement that printed matter contain
specific information regarding the cost of the publication and requires certain reports
regarding the documents printed pursuant to the exemptions. Further prohibits
pictures of public officials or employees larger than two inches by two inches in
publicly printed matter, and if a public document to be printed is to include a picture
of a public official or public employee, requires the needs assessment for the
document to include a specific reason for the picture's inclusion. HLS 10RS-1184 ORIGINAL
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Present law (R.S. 43:31(B)) 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 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 La.: 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 if required by present law (R.S. 43:31.1–see below).
Present law (R.S. 43:31(E)) prohibits any public official of any branch, department, agency,
or other entity of state or local government from affixing his name or picture on drivers'
licenses, except their own personal driver's license, issued by the state, or any publicly
owned motor vehicle, or from causing his name or picture to be so affixed.
Proposed law retains present law and further provides that no public official or public
employee of any branch, department, agency, or other entity of state or local government
shall affix his picture on or include his picture in any printed matter or cause his picture to
be affixed on or included in any printed matter if the picture exceeds two inches by two
inches. HLS 10RS-1184 ORIGINAL
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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,
employee, 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
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.
Present law (R.S. 43:31.1) requires state agencies, officials, employees, and other entities
of state government, except higher education institutions, to perform a needs assessment
before printing a public document. Requires the needs assessment to include information
relative to the reason for and content of the publication, the volume of printing, the mailing
list of the document's recipients, and other particular specifications such as paper weight and
color. Requires that such needs assessment be approved by the appropriate administrative
head or department secretary before funds are expended for the printing. Provides that the
needs assessment is a public document subject to present law relative to public records.
Proposed law further requires that if the document to be printed includes a picture of a public
official or public employee, the needs assessment shall include a specific reason for the
picture's inclusion.
(Amends R.S. 43:31(B)(2) and (E) and 31.1; Adds R.S. 43:31(B)(3))