HLS 14RS-1142 ORIGINAL
Page 1 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 699
BY REPRESENTATIVE CROMER
OFFICIAL JOURNALS: Relative to the qualifications a newspaper must meet in order to
be selected to publish the official proceedings, legal notices, and advertisements of
a political subdivision
AN ACT1
To amend and reenact R.S. 43:140(3)(d), 142(A), 171(A)(2), 200(3)(d), 201(B), and 202(A)2
and to repeal R.S. 43:140(1), (2), and (4) and 200(1), (2), and (4), relative to3
qualifications for newspaper publication of official proceedings, legal notices, and4
advertisements of political subdivisions; to provide relative to definitions; to provide5
relative to required permits and circulation; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 43:140(3)(d), 142(A), 171(A)(2), 200(3)(d), 201(B), and 202(A) are8
hereby amended and reenacted to read as follows:9
§140. Definitions10
As used in this Chapter, the following terms shall have the meanings ascribed11
to them in this Section:12
* * *13
(3) "Newspaper" shall mean a publication that during each year of the five-14
year period prior to the first publication of any legal or official notice therein: 15
* * *16
(d) Has maintained a general paid circulation to bona fide paying subscribers17
within the area the publication is required.18
* * *19 HLS 14RS-1142 ORIGINAL
HB NO. 699
Page 2 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§142. Qualifications of newspaper1
A. The newspaper:2
(1) Shall have been published in an office physically located in the parish in3
which the body is located for a period of five years preceding the selection ;.4
(2) Shall not have missed during that period as many as three consecutive5
issues unless caused by fire, flood, strike, or natural disaster ;.6
(3) Shall have maintained a general paid circulation in the parish in which7
the body is located for five consecutive years prior to the selection ; and.8
(4) Shall have been entered in a U.S. post office in that parish under a9
periodical permit in that parish for a period of five consecutive years prior to the10
selection.11
* * *12
§171. Selection of newspaper13
A.14
* * *15
(2) The newspaper:16
(a) Shall have been published in an office physically located in the political17
subdivision for at least five years prior to its selection;18
(b) Shall not have missed during that period as many as three consecutive19
issues unless caused by fire, flood, strike, or natural disaster;20
(c) Shall have maintained a general paid circulation in the district or political21
subdivision for five consecutive years prior to the selection ; and22
(d) Shall have been entered in a U.S. post office in that district or political23
subdivision under a periodical permit in that district or political subdivision for a24
period of five consecutive years prior to selection.25
* * *26 HLS 14RS-1142 ORIGINAL
HB NO. 699
Page 3 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§200. Definitions 1
As used in this Chapter, the following terms shall have the meanings ascribed2
to them in this Section: 3
* * *4
(3) "Newspaper" means a publication that during each year of the five year5
period prior to the first publication of any legal or official notice therein: 6
* * *7
(d) Has maintained a general paid circulation to bona fide paying subscribers8
within the area the publication is required.9
* * *10
§201. Judicial advertisements and legal notices; parishes outside parish of Orleans11
* * *12
B. The newspaper:13
(1) Shall have been published in an office physically located in the parish in14
which the body is located for a period of five years preceding the selection ;.15
(2) Shall not have missed during that period as many as three consecutive16
issues unless caused by fire, flood, strike, or natural disaster ;.17
(3) Shall have maintained a general paid circulation in the parish in which18
the body is located for five consecutive years prior to the selection ; and.19
(4) Shall have been entered in a U.S. post office in that parish under a20
periodical permit in that parish for a period of five consecutive years prior to the21
selection.22
* * *23
§202. Judicial advertisements in parish of Orleans24
A. In the parish of Orleans, when advertisements are required to be made in25
relation to judicial proceedings, or in the sale of property under judicial process, or26
in any other legal proceedings of whatever kind, the advertisement shall be inserted27
in a daily newspaper published in an office physically located in the parish of28
Orleans and published in the English language, and which has been published as a29 HLS 14RS-1142 ORIGINAL
HB NO. 699
Page 4 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
daily paper for at least five years prior to the insertion of the advertisement or1
publication. The newspaper shall be selected by the sheriff, constable, clerk, or other2
officer, as the case may be, who is charged with the conduct of the sale. The3
responsible official selecting the newspaper to publish judicial advertisements and4
legal notices shall make his selection in June of each year for a term of one year.5
The newspaper selected shall meet the requirements of a newspaper as defined in6
R.S. 43:200(3) and shall have been entered in a U.S. post office in Orleans Parish7
under a periodical permit for a period of five years preceding its selection to publish8
legal advertisements and legal notices.9
* * *10
Section 2. R.S. 43:140(1), (2), and (4) and 200(1), (2), and (4) are hereby repealed11
in their entirety.12
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)]
Cromer HB No. 699
Abstract: Relative to criteria for selection of a newspaper as the official journal of a
political subdivision or for publication of legal advertisements and notices, removes
requirements relative to paid circulation and periodical permits for such newspapers.
Official Journal
Present law establishes criteria that newspapers must meet in order to be eligible to be
selected as an official journal of a political subdivision.
Present law (R.S. 43:140) defines terms for the law providing for selection of an official
journal of a parish, municipality, or school board.
Defines "newspaper" as a publication that during each year of the preceeding five-year
period prior to selection as official journal met all of the following criteria:
(1)Was published at least weekly.
(2)Originated and was published for the purpose of delivering news of general public
interest and is not devoted to the interests or entertainment of any one particular
group or class.
(3)In more than half of its issues, contained less than 75% advertising.
(4)Maintained a general paid circulation to paying subscribers within the publication
area required. HLS 14RS-1142 ORIGINAL
HB NO. 699
Page 5 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law removes the requirements of paid circulation and paying subscribers. Further
repeals definitions related to such paid circulations and paying subscriber requirements.
Present law (R.S. 43:171) provides that only a newspaper that meets the following criteria
may be selected as an official journal by other political subdivisions:
(1)Must have been published in an office physically located in the political subdivision
for at least five years prior to its selection.
(2)During that five-year period, may not have missed three or more consecutive issues
unless caused by fire, flood, strike, or natural disaster.
(3)Must have maintained a general paid circulation in the political subdivision for five
consecutive years prior to the selection.
(4)Must have possessed a valid periodical permit from the U.S. Postal Service for a
period of five consecutive years prior to selection.
Proposed law removes the requirement that the general circulation be paid. Further removes
the requirement that the newspaper possess a valid periodical permit.
Judicial Advertisements and Legal Notices
Present law (R.S. 43:200, et. seq) requires parishes to select a newspaper to run judicial
advertisements and legal notices.
Present law establishes definitions for the provisions relating to selection of such newspaper.
Provides an identical definition of "newspaper" as that used for selection of an official
journal. Proposed law removes the requirements of paid circulation and paying subscribers.
Further repeals definitions related to such paid circulations and paying subscriber
requirements.
Present law provides that the definition of "newspaper" applies to all parishes. Proposed law
retains present law.
Present law relative to all parishes except Orleans (R.S. 43:201) provides that only a
newspaper that meets the following criteria may be selected to run judicial advertisements
and legal notices:
(1)Must have been published in an office physically located in the parish for at least
five years prior to its selection.
(2)During that five-year period, may not have missed three or more consecutive issues
unless caused by fire, flood, strike, or natural disaster.
(3)Must have maintained a general paid circulation in the parish for five consecutive
years prior to the selection.
(4)Must have possessed a valid periodical permit from the U.S. Postal Service for a
period of five consecutive years prior to selection.
Proposed law removes the requirement that the general circulation be paid. Further removes
the requirement that the newspaper possess a valid periodical permit.
Present law relative to Orleans parish (R.S. 43:202) provides that only a newspaper that
meets the following criteria may be selected:
(1)Must be published in an office physically located in Orleans Parish. HLS 14RS-1142 ORIGINAL
HB NO. 699
Page 6 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2)Must be published in English.
(3)Must have been published as a daily paper for at least five tears prior to selection.
(4)Must have possessed a valid periodical permit from the U.S. Postal Service for a
period of five consecutive years prior to selection.
Proposed law removes the requirement that the newspaper possess a valid periodical permit.
(Amends R.S. 43:140(3)(d), 142(A), 171(A)(2), 200(3)(d), 201(B), and 202(A); Repeals R.S.
43:140(1), (2), and (4) and 200(1), (2), and (4))