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Regular Session, 2010
SENATE BILL NO. 609
BY SENATOR CLAITOR
PUBLIC PRINTING. Provides that any publication of any record by a public entity that is
required by law can be satisfied by posting on the Internet. (8/15/10)
AN ACT1
To amend and reenact R.S. 43:19, 81, 82, 86, 87(A), 89, 141, 143, 147(A) and (B), and2
171(A)(1), and to enact R.S. 43:18.1 and 142(C), relative to the publication of public3
notices and other official publications of state and local governmental bodies; to4
provide that the publication of any such public notices and other matters required by5
law may be satisfied by posting on the Internet; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 43:19, 81, 82, 86, 87(A), 89, 141, 143, 147(A) and (B), and8
171(A)(1) are hereby amended and reenacted and R.S. 43:18.1 and 142(C) are hereby9
enacted to read as follows:10
§18.1 Publication; definition11
For purposes of this Title, the terms "print," "printing," "publish,"12
"publication," or other similar terms shall mean either printing in book form,13
newspaper, or other traditional paper and ink methods or posting to the14
Internet.15
§19. Laws to be printed in book form; style of printing; number of copies; posting16
to the Internet17 SB NO. 609
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The acts of the legislature shall be published in book form, in the English1
language, with a list of the acts, the dates of their promulgation and an index thereto.2
Below each act shall be printed the date of approval by the governor, if approved, or3
by the legislature in the case of vetoed bills becoming law upon reconsideration by4
the legislature, and also the date of the publication thereof in the official journal of5
the state. When published in book form, the The number of copies printed shall6
be at the discretion of the secretary of state but shall not exceed one thousand five7
hundred copies. The copies shall be delivered to the secretary of state as soon as8
possible after the adjournment of the legislature. If published by posting to the9
Internet website or portal designated "Official Journal of the State," notice of10
such posting shall be given to the secretary of state as soon as possible after the11
adjournment of the legislature.12
* * *13
§81. Official journal of state14
A. The printing of advertisements, public notices, proclamations and the15
promulgation of all laws and joint resolutions of the legislature, and all public16
notices and advertising to be done by the legislature, or the executive or other17
departments and institutions of the state government, shall be published in a daily18
newspaper to be known and designated as the "Official Journal of the State", which19
newspaper shall have and possess the following qualifications, viz:20
(1) It shall possess the second class mailing privilege.21
(2) It shall be published in the city of Baton Rouge, Louisiana.22
(3) It shall have been so published for at least six days per week for a period23
of not less than two years prior to the time that it is awarded the contract as the24
Official Journal of the State, as provided herein.25
(4) It shall have an audited paid daily circulation of not less than ten26
thousand for at least one year prior to the time it is awarded the contract.27
(5) The publisher thereof shall possess the capability and shall agree to28
publish all acts and joint resolutions of the legislature within the time limits29 SB NO. 609
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established by R.S. 43:87.1
B. The requirement by law of the printing of any advertisements, public2
notices, proclamations, and the promulgation of all laws and joint resolutions3
of the legislature, and all public notices and advertising to be done by the4
legislature or the executive or other departments and institutions of the state,5
shall be satisfied by the posting of any such matter to the Internet website or6
portal to be designated "Official Journal of the State." The publisher thereof7
shall possess the capability to timely post required public notices and shall agree8
to publish all acts and joint resolutions of the legislature within the time limits9
established by R.S. 43:87.10
§82. Contract to be let by bids; duration of contract11
The contract for printing or Internet posting by the "State Printer of the12
Official Journal of the State" shall be let to the lowest bidder possessing the13
qualifications enumerated in R.S. 43:81 hereof, and shall run for a period of two14
years beginning July first and ending June thirtieth; provided, that the first contract15
which shall be awarded under the provisions of this Chapter shall be effective on16
July 1, 1956.17
* * *18
§86. State printer of the official journal of state19
The contractor who obtains the contract for the printing and posting to the20
Internet provided for under the provisions of this Chapter shall be designated as the21
"State Printer of the Official Journal of the State,", and the newspaper and the22
Internet site so designated to print or post said advertising shall be known as the23
"Official Journal of the State.".24
§87. Matters to be printed and made available via the Internet; distribution of25
copies of journal26
A. The state printer of the official journal of the state shall print in full in the27
official journal of the state or make available to the public via the Internet all28
laws and joint resolutions of the legislature. All acts, including joint resolutions,29 SB NO. 609
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shall be published in the official journal of the state or made available to the public1
via the Internet prior to the sixtieth day after final adjournment of the session in2
which they were enacted. Any act which contains an effective date prior to the3
sixtieth day after final adjournment shall be printed prior to the effective date4
contained therein, if possible, or, if not possible, as soon as possible after said5
effective date. The state printer of the official journal of the state shall deliver, to the6
secretary of state upon his order, copies of the official journal of the state containing7
any of the laws or joint resolutions of the legislature of the state which shall be8
hereafter enacted, immediately after the same shall have been published therein, and9
as soon as practicable thereafter the secretary of state shall cause the official journal10
to be sent to the clerks of the courts, and it shall be their duty to carefully preserve11
the same until they shall have received the copies of the laws in book form, and the12
state printer of the official journal of the state shall not receive more than six dollars13
per hundred for copies of the matter printed in the official journal of the state.14
* * *15
§89. Cancellation of contract for non-performance; letting of contract for unexpired16
term; publication of notices or advertisements continued17
Should the state printer of the official journal of the state fail to comply with18
the provisions of the contract under the terms of which it or he was designated as19
such state printer and said contract be cancelled for such failure or non-compliance,20
after two days' notice in writing to such state printer and his failure to immediately21
resume his duties and obligations under said contract, the Division of22
Administration, Office of the Governor division of administration, office of the23
governor, shall give notice of the letting of the contract for the unexpired portion of24
the two year term thereof by having an invitation for bids inserted in three or more25
of the leading newspapers published in the state for three weeks prior thereto, and26
all printing and availability via the Internet as provided for in this Chapter for said27
unexpired term shall be let in one contract; provided that if there is no other28
newspaper published in the city of Baton Rouge, except one with the same principal29 SB NO. 609
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ownership, which meets the qualifications required by R.S. 43:81, such contract for1
such unexpired term shall be made with a newspaper published in the city of New2
Orleans possessing all the other qualifications required by said R.S. 43:81 except that3
of domicile.4
As soon as practicable after any such default in or cancellation of the contract5
of the state printer, as hereinabove described herein, the Division of Administration,6
Office of the Governor division of administration, office of the governor, shall7
negotiate with any other qualified newspaper published in the city of Baton Rouge,8
other than one under the same principal ownership of the newspaper which is in9
default, or if there be no other such qualified newspaper published in the city of10
Baton Rouge then to negotiate with one published in the city of New Orleans for the11
publication under the best possible terms of all printing required to be published in12
the official journal of the state until such time as a new contract can be let for the13
unexpired portion of said two year term.14
Should any of the matter required to be printed under R.S. 43:81 have been15
published in the official journal of the state prior to the state printer's default under16
any contract under which it or he was designated as such state printer, the publishing17
of the same matter by the newspaper employed as state printer until such time as a18
new contract can be let for the unexpired portion of said two year term, as provided19
in this Section, for the remaining number of times prescribed by law shall serve as20
a complete publication, without the necessity of re-publishing such matter for the21
number of times theretofore published by the state printer who has defaulted under22
any such contract. Should any of the matter required to be printed under R.S. 43:8123
have been published in the newspaper employed as state printer until such time as24
a new contract can be let for the unexpired portion of said two year term, as provided25
in this Section, the publishing of the same matter by the newspaper awarded the26
contract for the unexpired portion of said two year term for the remaining number27
of times prescribed by law shall serve as a complete publication, without the28
necessity of republishing such matter for the number of times theretofore published29 SB NO. 609
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by the newspaper employed as state printer, as aforesaid.1
* * *2
§141. Official journal to be selected by police juries, city and parish councils,3
municipal corporations, and school boards4
A. The police juries, city and parish councils, municipal corporations, and5
school boards in all the parishes, the parish of Orleans excepted, at their first meeting6
in June of each year, shall select a newspaper or Internet site as official journal for7
their respective parishes, towns, or cities for a term of one year.8
B. In any parish which is divided by the Mississippi River and has a9
population of not less than one hundred thousand the governing body shall have the10
authority to select two official journals, either or both of which may be an Internet11
site, for their respective parishes, one of which shall be located on one bank of the12
river and the other which shall be located on the opposite bank thereof and no act13
heretofore performed shall be considered invalid because of any such parish having14
heretofore designated two such official journals.15
* * *16
§142. Qualifications of newspaper17
* * *18
(C) An Internet site selected to the official journal shall possess the19
capability to timely post required public notices as required by law.20
§143. Newspaper selected to be known as official journal; duties21
The newspaper or Internet site selected shall be known as the official22
journal of the parish, town, city or school board, and it shall publish or make23
available to the public via the Internet all minutes, ordinances, resolutions,24
budgets and other official proceedings of the police jury, town or city councils, or the25
school board.26
* * *27
§147. Compensation for printing28
A. The police juries, municipal corporations, and school boards throughout29 SB NO. 609
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the state, may, at their option, have their official proceedings published or made1
available via the Internet by contract, which contract may not provide for a cost in2
excess of the maximum amounts hereinafter provided for. Payment may be made3
monthly or quarterly at the option of the police jury, municipal corporation, or school4
board, unless otherwise provided in any contract entered into for the publication of5
official proceedings.6
B. When the publication or availability via the Internet of proceedings is7
not done by contract providing for a lesser amount, the cost of advertisement in all8
parishes which do not contain a city of over one hundred thousand population shall9
not exceed the rate of six dollars per square of one hundred words or a fraction10
thereof. When the insertion contains material to be set in tabular form, the tabulated11
matter shall be computed on the basis of the number of words of straight matter12
which would occupy identical space.13
* * *14
§171. Selection of newspaper15
A.(1) Levee, drainage, subdrainage, road, subroad, navigation, and sewerage16
districts, or other political subdivisions of the state and parishes, shall have the17
proceedings of their board and such financial statements required by and furnished18
to the legislative auditor published in a newspaper or made available to the public19
via the Internet. The newspaper shall be selected at their first meeting in June of20
each year for a term of one year. within that parish.21
* * *22
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Proposed law provides that for purposes of present law and proposed law, the terms "print,"
"printing," "publish," "publication," or other similar terms mean either printing in book form,
newspaper, or other traditional paper and ink methods, or posting to the Internet.
Present law provides that the acts of the legislature are to be published in book form, in the
English language, with a list of the acts, the dates of their promulgation and an index thereto.
Below each act is to be printed the date of approval by the governor, if approved, or by the
legislature in the case of vetoed bills becoming law upon reconsideration by the legislature, SB NO. 609
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and also the date of the publication thereof in the official journal of the state. Present law
provides that the number of copies to be printed is at the discretion of the secretary of state,
but that number cannot exceed 1,500 copies. Present law further provides that the copies are
to be delivered to the secretary of state as soon as possible after the adjournment of the
legislature.
Proposed law retains present law, and further provides that the acts of the legislature may
also be published by posting to the Internet website or portal designated "Official Journal
of the State." Proposed law further provides that when published by posting to the Internet,
notice of such posting is to be given to the secretary of state as soon as possible after the
adjournment of the legislature.
Present law provides that the printing of advertisements, public notices, proclamations, the
promulgation of all laws and joint resolutions of the legislature, and all public notices and
advertising to be done by the legislature or the executive or other departments and
institutions of state government, are to be published in a daily newspaper, which is to be
known as the "Official Journal of the State."
Present law sets forth the various qualifications to be possessed by the Official Journal of
the State and the procedures for bids for printing.
Proposed law retains present law, and adds a provision that the requirement by law of the
printing of any advertisements, public notices, proclamations, and the promulgation of all
laws and joint resolutions of the legislature, and all public notices and advertising to be done
by the legislature, or the executive or other departments and institutions of the state, is
satisfied by the posting of any such matter to the Internet at the site to be designated
"Official Journal of the State." Proposed law further provides that the publisher must
possess the capability to timely post required public notices and shall agree to publish all
acts and joint resolutions of the legislature within the time limits established by present law.
Present law provides that the contract for printing by the "State Printer of the Official Journal
of the State" is to be let to the lowest bidder possessing the qualifications enumerated in
present law, and is to run for a period of two years beginning July 1
st
and ending June 30
th
.
Proposed law retains present law and adds that the contract for Internet posting by the "State
Printer of the Official Journal of the State" is also to be let to the lowest bidder possessing
the qualifications enumerated in present law, and is to run for a period of two years
beginning July 1
st
and ending June 30
th
.
Present law provides that the contractor who obtains the contract for the printing provided
for by present law is to be designated as the "State Printer of the Official Journal of the State,
and the newspaper so designated to print said advertising is to be known as the "Official
Journal of the State."
Proposed law provides that the contractor who obtains the contract for posting to the Internet
provided for by proposed law is to also be designated as the "State Printer of the Official
Journal of the State" and the Internet site so designated to post said advertising is also to be
known as the "Official Journal of the State."
Proposed law otherwise retains present law.
Present law requires that all acts of the legislature to be published in the Official Journal of
the State are to be published prior to the 60
th
day after final adjournment of the session in
which they were enacted, and that any act containing an effective date prior to the 60
th
day
after final adjournment is to be published prior to the effective date or as soon as possible
after the effective date.
Proposed law retains present law and imposes these publication deadlines on Internet SB NO. 609
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availability.
Present law provides that the police juries, city and parish councils, municipal corporations,
and school boards in all the parishes, the parish of Orleans excepted, at their first meeting
in June of each year, are to select a newspaper as the official journal for their respective
parishes, towns, or cities for a term of one year. Present law further provides that in any
parish that is divided by the Mississippi River and has a population of not less than 100,000,
and the governing body has the authority to select two official journals for their respective
parishes, one of which is to be located on one bank of the river and the other which is to be
located on the opposite bank thereof, and no act heretofore performed can be considered
invalid because of any such parish having heretofore designated two such official journals.
Proposed law retains present law, and adds that the police juries, city and parish councils,
municipal corporations, and school boards in all the parishes, the parish of Orleans excepted,
at their first meeting in June of each year, may select an Internet site as the official journal
for their respective parishes, towns, or cities for a term of one year. Proposed law further
provides that in any parish that is divided by the Mississippi River and has a population of
not less than 100,000, the governing body has the authority to select two official journals,
either or both of which may be an Internet site, for their respective parishes.
Proposed law provides that an Internet site selected to the official journal must have the
capability to timely post required public notices as required by law.
Present law provides that the newspaper selected for the printing of official publications of
a parish, town, city, or school board is to be known as the official journal of the parish, town
or city councils, or school board as appropriate.
Proposed law retains present law and provides that such official publications can be made
available via the Internet.
Present law provides that police juries, municipal corporations, and school boards may have
their official proceedings published by contract and sets forth rates for contracts and for
publications not done by contract.
Proposed law retains present law and makes present law applicable to the availability of
these publications via the Internet.
Present law provides that levee, drainage, subdrainage, road, subroad, navigation, and
sewerage districts or other political subdivisions of the state and parishes are to have their
proceedings and financial statements published in a newspaper to be selected at their first
meeting in June of each year and for a term of one year.
Proposed law retains present law and provides that such official publications can be made
available via the Internet.
Effective August 15, 2010.
(Amends R.S. 43:19, 81, 82, 86, 87(A), 89, 141, 143, 147(A) and (B), and 171(A)(1); adds
R.S. 43:18.1 and 142(C))