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Regular Session, 2010
SENATE BILL NO. 709
BY SENATOR WALSWORTH
LEGIS POWERS/FUNCTIONS. Provides relative to acts of the legislature. (1/1/11)
AN ACT1
To amend and reenact R.S. 43:19, 19.1, 24(B) and (C), 81, 82, and 89, and to enact R.S.2
43:24(D), and to repeal R.S. 43:87, relative to the publication of acts of the3
legislature; to provide relative to the Official Journal of the State; to provide relative4
to printing contracts; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 43:19, 19.1, 24(B) and (C), 81, 82, and 89 are hereby amended and7
reenacted and R.S. 43:24(D) is hereby enacted to read as follows: 8
§19. Laws to be printed in book form; style of printing; number of copies9
The acts of the legislature shall be published in book form, in the English10
language, with a list of the acts, the dates of their promulgation and an index thereto.11
Below each act shall be printed the date of approval by the governor, if approved, or12
by the legislature in the case of vetoed bills becoming law upon reconsideration by13
the legislature, and also the date of the publication thereof in the official journal of14
the state. The number of copies printed shall be at the discretion of the secretary of15
state but shall not exceed one thousand five hundred copies. The copies shall be16
delivered to the secretary of state as soon as possible after the adjournment of the17 SB NO. 709
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legislature.1
§19.1. Legislative web site2
Any legislative or governmental instrument, journal, index, order, report, or3
other official document of the state which has previously been published in the4
official journal of the state as provided for in this Title R.S. 43:81(A) may be made5
accessible on the official Internet web site or portal of the Louisiana State6
Legislature.7
* * *8
§24. Acts; numbering; printing; publication9
* * *10
B. The secretary of state shall, upon request, deliver copies of the acts, in11
numerical order by act number, to the person, firm, or corporation to whom the12
contract for printing acts was awarded. He shall also deliver copies of the acts in the13
same order to the state printer of the Official Journal of the State for publication in14
the official journal. The acts shall be published in numerical order by act number.15
The secretary of state shall endorse in the register required in Subsection A above of16
this Section the date and time of delivery of the acts for publication in the official17
journal and for printing of the acts.18
C. The secretary of state shall take all necessary actions to cause the acts and19
joint resolutions of the legislature to be printed in made accessible on the Internet20
website or portal of the Official Journal of the State within the time limits21
established by R.S. 43:87 43:81. He shall also take all necessary actions to cause the22
date of such publication in the official journal to be printed below each act in the acts23
published as provided in R.S. 43:19.24
D. (1) Within sixty days following the final adjournment of a regular,25
extraordinary, or emergency session of the legislature, the secretary of state26
shall cause a notice to be published once in the official journal of each parish,27
informing the public where the full text of the acts of the legislature may be28
viewed. Requirements for the notice shall include:29 SB NO. 709
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(a) The notice shall appear in a box format with a bolded outline in a size1
of not less than three columns by ten and a half inches or a comparable size.2
(b) Appropriately-sized headline typeface shall be used.3
(c) The language of the notice shall be prepared by the secretary of state4
and shall include the website address for the Official Journal of the State.5
(2) The cost of each notice required by Paragraph (1) of this Subsection6
shall be a maximum of ninety percent of the commercial display advertising7
rate charged by the official journal of each parish for a similar volume of8
business.9
* * *10
§81. Official journal of state11
A. The printing of advertisements, public notices, 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
(1) It shall possess the second periodicals class mailing privilege.18
(2) It shall be published in the city of Baton Rouge, Louisiana.19
(3) It shall have been so published for at least six days per week for a period20
of not less than two years prior to the time that it is awarded the contract as the21
Official Journal of the State, as provided herein.22
(4) It shall have an audited paid daily circulation of not less than ten23
thousand for at least one year prior to the time it is awarded the contract.24
(5) The publisher thereof shall possess the capability and shall agree to25
publish all acts and joint resolutions of the legislature within the time limits26
established by R.S. 43:87.27
B.(1) For the purposes of Article III, Section 19 of the Constitution of28
Louisiana, the Official Journal of the State shall be the Internet website or29 SB NO. 709
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portal of the Official Journal of the State.1
(2) All laws and joint resolutions shall be accessible through the Official2
Journal of the State as defined in this Subsection prior to the sixtieth day after3
final adjournment of the session in which they were enacted and shall remain4
accessible for at least one year. Any act that contains an effective date prior to5
the sixtieth day after final adjournment shall be accessible prior to the effective6
date contained therein, if possible, or if not possible, as soon as possible after7
said effective date.8
§82. Contract to be let by bids; duration of contract9
The contract for printing by the "State Printer of the Official Journal of the10
State" shall be let to the lowest bidder possessing the qualifications enumerated in11
R.S. 43:81(A) hereof, and shall run for a period of two years beginning July first and12
ending June thirtieth; provided, that the first contract which shall be awarded under13
the provisions of this Chapter shall be effective on July 1, 1956.14
* * *15
§89. Cancellation of contract for non-performance; letting of contract for unexpired16
term; publication of notices or advertisements continued17
A. Should the state printer of the official journal of the state fail to comply18
with the provisions of the contract under the terms of which it or he was designated19
as such state printer and said contract be cancelled for such failure or non-20
compliance, after two days' notice in writing to such state printer and his failure to21
immediately resume his duties and obligations under said contract, the Division of22
Administration, Office of the Governor, division of administration shall give notice23
of the letting of the contract for the unexpired portion of the two year two-year term24
thereof by having an invitation for bids inserted in three or more of the leading25
newspapers published in the state for three weeks prior thereto, and all printing as26
provided for in this Chapter for said unexpired term shall be let in one contract;27
provided that if there is no other newspaper published in the city of Baton Rouge,28
except one with the same principal ownership, which meets the qualifications29 SB NO. 709
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required by R.S. 43:81(A), such contract for such unexpired term shall be made with1
a newspaper published in the city of New Orleans possessing all the other2
qualifications required by said R.S. 43:81 (A) except that of domicile.3
B. As soon as practicable after any such default in or cancellation of the4
contract of the state printer, as hereinabove described, the Division of5
Administration, Office of the Governor, division of administration shall negotiate6
with any other qualified newspaper published in the city of Baton Rouge, other than7
one under the same principal ownership of the newspaper which is in default, or if8
there be no other such qualified newspaper published in the city of Baton Rouge then9
to negotiate with one published in the city of New Orleans for the publication under10
the best possible terms of all printing required to be published in the official journal11
of the state until such time as a new contract can be let for the unexpired portion of12
said two year two-year term.13
C. Should any of the matter required to be printed under R.S. 43:81(A) have14
been published in the official journal of the state prior to the state printer's default15
under any contract under which it or he was designated as such state printer, the16
publishing of the same matter by the newspaper employed as state printer until such17
time as a new contract can be let for the unexpired portion of said two year two-year18
term, as provided in this Section, for the remaining number of times prescribed by19
law shall serve as a complete publication, without the necessity of re-publishing20
republishing such matter for the number of times theretofore published by the state21
printer who has defaulted under any such contract. Should any of the matter required22
to be printed under R.S. 43:81(A) have been published in the newspaper employed23
as state printer until such time as a new contract can be let for the unexpired portion24
of said two year two-year term, as provided in this Section, the publishing of the25
same matter by the newspaper awarded the contract for the unexpired portion of said26
two year two-year term for the remaining number of times prescribed by law shall27
serve as a complete publication, without the necessity of republishing such matter28
for the number of times theretofore published by the newspaper employed as state29 SB NO. 709
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printer, as aforesaid.1
Section 2. R.S. 43:87 is hereby repealed.2
Section 3. This Act shall become effective on January 1, 2011.3
The original instrument was prepared by Alden A. Clement, Jr. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Martha Hess.
DIGEST
Walsworth (SB 709)
Present law provides that 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,
and that 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, and also the date of the publication thereof in the official journal of the state.
Proposed law deletes the provision of present law requiring the printing of the date of the
publication of acts of the legislature in the official journal of the state, and otherwise retains
present law.
Present law provides that the secretary of state must, upon request, deliver copies of the acts
of the legislature, in numerical order by act number, to the person, firm, or corporation to
whom the contract for printing acts was awarded, and he must also deliver copies of the acts
in the same order to the state printer of the Official Journal of the State for publication in the
official journal. Present law provides that the acts are to be published in numerical order by
act number. Present law provides that the secretary of state is to endorse in the register
required in present law the date and time of delivery of the acts for publication in the official
journal and for printing of the acts.
Proposed law deletes the provision in present law requiring the secretary of state to deliver
copies of the acts in the same order to the state printer of the Official Journal of the State for
publication in the official journal. Proposed law provides that the secretary of state is to
endorse in the register required in present law the date and time of delivery of the acts for
printing.
Present law provides that the secretary of state is to take all necessary actions to cause the
acts and joint resolutions of the legislature to be printed in the Official Journal of the State
within the time limits established by present law and is to take all necessary actions to cause
the date of such publication in the official journal to be printed below each act in the acts
published in accordance with present law.
Proposed law provides that the secretary of state is to take all necessary actions to cause the
acts and joint resolutions of the legislature to be made accessible on the Internet website or
portal of the Official Journal of the State within the time limits established by law. Proposed
law deletes requirement for secretary of state to take all necessary actions to cause the date
of such publication in the official journal to be printed below each act in the acts published.
Proposed law provides that within 60 days following the final adjournment of a legislative
session, the secretary of state shall cause a notice to be published once in the official journal
of each parish, informing the public where the full text of the acts of the legislature may be
viewed. Requirements for the notice include:
(a) The notice shall appear in a box format with a bolded outline in a size of not
less than three columns by ten and a half inches or a comparable size.
(b) Appropriately-sized headline typeface shall be used. SB NO. 709
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(c)The language of the notice shall be prepared by the secretary of state and
shall include the website address for the Official Journal of the State.
Proposed law provides that the cost of such notice shall be a maximum of 90% of the
commercial display advertising rate charged by the official journal of each parish for a
similar volume of business.
Present law provides that the printing of 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 government, is to be published in a daily newspaper to be known and
designated as the "Official Journal of the State", which newspaper is to have and possess the
following qualifications:
(1)It must possess the second class mailing privilege.
(2)It must be published in the city of Baton Rouge, Louisiana.
(3)It must have been so published for at least six days per week for a period of not less
than two years prior to the time that it is awarded the contract as the Official Journal
of the State.
(4)It must have an audited paid daily circulation of not less than 10,000 for at least one
year prior to the time it is awarded the contract.
(5) The publisher must possess the capability and shall agree to publish all acts and joint
resolutions of the legislature within the time limits established by present law.
Proposed law deletes the requirement in present law that all laws and joint resolutions of the
legislature be published in the official journal.
Proposed law changes the mailing privilege that the official journal must possess from the
periodicals mailing privilege to the second class mailing privilege. Proposed law deletes the
requirement that the official journal must possess the capability and shall agree to publish
all acts and joint resolutions of the legislature within the time limits established by present
law.
Proposed law provides that only for purposes of meeting the requirements of present
constitution and proposed law, the Official Journal of the State shall be the Internet website
or portal of the Official Journal of the State and that all laws and joint resolutions shall be
accessible through the Official Journal of the State prior to the 60th day after final
adjournment of the session in which they were enacted and shall remain accessible for at
least one year. Any act that contains an effective date prior to the 60th day after final
adjournment shall be accessible prior to the effective date contained therein, if possible, or
if not possible, as soon as possible after the effective date.
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 must run for a period of two years beginning July 1
st
and ending June 30
th
.
Proposed law retains present law.
Present law provides that the state printer of the Official Journal of the State must print in
full in the Official Journal of the State all laws and joint resolutions of the legislature.
Present law provides that all acts, including joint resolutions, are to be published in the
Official Journal of the State prior to the 60
th
day after final adjournment of the session in
which they were enacted. Present law provides that any act that contains an effective date
prior to the 60
th
day after final adjournment is to be printed prior to the effective date SB NO. 709
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contained therein, if possible, or, if not possible, as soon as possible after said effective date.
Present law provides that the state printer of the Official Journal of the State is to deliver,
to the secretary of state upon his order, copies of the Official Journal of the State containing
any of the laws or joint resolutions of the legislature of the state which will be hereafter
enacted, immediately after the same have been published therein, and as soon as practicable
thereafter the secretary of state will cause the official journal to be sent to the clerks of the
courts, and it is their duty to carefully preserve the same until they have received the copies
of the laws in book form, and the state printer of the official journal of the state cannot
receive more than $6.00 per 100 for copies of the matter printed in the Official Journal of
the State.
Proposed law repeals present law.
Present law provides for the cancellation of the contract with the state printer of the official
journal of the state for failure to comply with the provisions of the contract and for the
letting of the contract for the unexpired portion of the two year term contract.
Proposed law retains present law.
Effective July 1, 2011.
(Amends R.S. 43:19, 19.1, 24(B) and (C), 81, 82, and 89; adds R.S. 43:24(D); repeals R.S.
43:87)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill.
1. Changes provisions of proposed law from relative to act numbers, bill
numbers, author, brief titles, and effective dates to make it relative to act
numbers, bill numbers, primary authors and brief titles.
2. Adds that the price for publishing the report detailing the act numbers, bill
numbers, primary authors and brief titles of the acts of the legislature by each
of the official journals and auxiliary official journals must be equal to $1.68.
Committee Amendments Proposed by Senate Committee on Finance to the
engrossed bill.
1. Provides secretary of state shall cause the acts and joint resolutions of the
legislature to be made accessible on the Internet website or portal of the state
official journal.
2. Provides that within 60 days after final adjournment of legislative session,
the secretary of state shall have a notice published in the official journal of
each parish informing the public where legislative acts may be viewed.
3. Provides requirements and costs for the notice to be published in parish
official journals.
4. Provides that for purposes of constitutional requirement that laws be
published, the official journal of the state shall be the Internet website or
portal of the state's official journal.
5. Provides that all laws and joint resolutions shall be accessible through the SB NO. 709
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state official journal prior to the 60th day after final adjournment of the
session in which they were enacted.
6. Deletes provision of proposed law that secretary of state is required to deliver
a report detailing the act numbers, bill numbers, primary authors and brief
titles of the acts to the official journal for publication prior to the 60th day
after adjournment.
7. Deletes provision of proposed law that all official journals on file with the
secretary of state shall collectively be considered the official journal of the
state.
8. Deletes provision of present law requiring all acts and joint resolutions to be
printed in full in the state official journal.