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)]
Abramson HB No. 785
Abstract: Authorizes a newspaper with general paid circulation and a public business office in
Orleans Parish to qualify to publish legal notices and advertisements in Jefferson and
Orleans Parishes and further authorizes any publication that qualifies to publish such
notices and advertisements to be selected as the official journal of a political subdivision
in Jefferson or Orleans Parish.
Judicial Advertisements and Legal Notices
Present law (R.S. 43:200, et seq) requires the selection of newspaper in each parish to run
judicial advertisements and legal notices. Proposed law retains present law.
Present law defines "newspaper" for purposes of such laws as a publication that during each year
of the five-year period prior to its selection meets all of the following criteria:
(1)Has been published at regular intervals of not less than 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.
Proposed law provides that the five-year requirement in present law shall not apply to a daily
newspaper with a general paid circulation if such newspaper has maintained a public business
office in Orleans Parish for eight consecutive months prior to Jan. 1, 2014.
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.
Present law provides an exception for Jefferson Parish for a weekly publication when such
publication has maintained a public business office in the parish for at least five consecutive
months prior to June 1, 2006, and maintained a total circulation of at least 25,000 for three
consecutive years immediately prior to selection. Proposed law retains present law.
Proposed law provides an additional exception to present law for Jefferson Parish and authorizes
the selection of a daily newspaper with a general paid circulation to run judicial advertisements
and legal notices in such parish if such newspaper has maintained a public business office in
Orleans Parish for eight consecutive months prior to Jan. 1, 2014.
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.
(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 provides an exception to present law and authorizes the selection of a daily
newspaper with a general paid circulation to run judicial advertisements and legal notices in
Orleans Parish if such newspaper has maintained a public business office in such parish for eight
consecutive months prior to Jan. 1, 2014.
Selection of Official Journal
Present law establishes criteria that a newspaper must meet in order to be eligible to be selected
as the official journal of a political subdivision.
Present law defines "newspaper" for the purposes of selection of an official journal the same way
the term is defined for selection of judicial advertisements and legal notices. Proposed law retains present law.
Present law requires that only a newspaper that meets the following criteria may be selected as an
official journal by a political subdivision:
(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.
Present law further provides exceptions to these requirements. For the official journal of a
parish, municipality, or school board, authorizes the selection of a publication as the official
journal in Jefferson Parish when the publication has published official proceedings of a political
subdivision in such parish within one year prior to June 1, 1986. For the official journal of any
other political subdivision, authorizes the selection of a publication as the official journal in
Jefferson or Orleans Parish when such publication has published official proceedings of a parish,
municipality, or school board in either parish within one year prior to June 1, 1986.
Proposed law retains present law and adds additional exceptions. Authorizes the selection of a
publication as the official journal of any political subdivision if such publication is qualified to
publish judicial advertisements and legal notices in Jefferson or Orleans Parish.
(Amends R.S. 43:142(B), 171(B), 200(3), and 201(D); Adds R.S. 43:202(D); Repeals R.S.
43:201(E))