HLS 14RS-1153 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 785
BY REPRESENTATIVE ABRAMSON
OFFICIAL JOURNALS: Provides relative to the qualification of a newspaper to publish
official proceedings, legal notices, or advertisements in Orleans or Jefferson Parish
AN ACT1
To amend and reenact R.S. 43:142(B), 171(B), 200(3), and 201(D), to enact R.S. 43:202(D),2
and to repeal R.S. 43:201(E), relative to the publication of official proceedings, legal3
notices, and advertisements in Jefferson and Orleans Parishes; to provide relative to4
qualifications of newspapers for such publication; to provide for definitions; and to5
provide for related matters.6
Notice of intention to introduce this Act has been published7
as provided by Article III, Section 13 of the Constitution of8
Louisiana.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 43:142(B), 171(B), 200(3), and 201(D) are hereby amended and11
reenacted and R.S. 43:202(D) is hereby enacted to read as follows:12
§142. Qualifications of newspaper13
* * *14
B. The provisions of this Section relating to the five-year requirement shall15
not contravene any contract existing between any governing body and a newspaper16
on and prior to May 11, 1970; nor shall the five-year requirement herein be applied17
in assessing the qualifications of a newspaper which was in existence on May 11,18
1970; nor shall any provision of this Chapter prohibit a publication from becoming19
an official journal in Jefferson Parish when if the publication is qualified to publish20 HLS 14RS-1153 ORIGINAL
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judicial advertisements and legal notices in Jefferson or Orleans Parish or has1
actually published official proceedings within one year prior to June 1, 1986, of any2
municipal corporation, parish council, police jury, or school board within Jefferson3
Parish.4
* * *5
§171. Selection of newspaper6
* * *7
B. The provisions of this Section relating to the five-year requirement shall8
not contravene any contract existing between any governing body and a newspaper9
on and prior to May 11, 1970; nor shall the five-year requirement herein be applied10
in assessing the qualifications of a newspaper which was in existence on May 11,11
1970; nor shall any provision of this Chapter prohibit a publication from becoming12
an official journal in Jefferson or Orleans Parish when if the publication is qualified13
to publish judicial advertisements and legal notices in Jefferson or Orleans Parish or14
has actually published official proceedings within one year prior to June 1, 1986, of15
any municipal corporation, parish council, police jury, or school board within16
Jefferson or Orleans Parish.17
* * *18
§200. Definitions19
As used in this Chapter, the following terms shall have the meanings ascribed20
to them in this Section:21
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(3)(a) "Newspaper" means a publication that during each year of the five23
year period prior to the first publication of any legal or official notice therein: 24
(a)(i) Has been published at regular intervals of not less than weekly.25
(b)(ii) Has been originated and published for the dissemination of current26
news and intelligence of varied, broad, and general public interest, including regular27
news coverage of local public meetings and events, and is not devoted to the interests28
of, or published for the entertainment or instruction of, or has a circulation restricted29 HLS 14RS-1153 ORIGINAL
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to, any particular sect, denomination, labor or fraternal organization, or other special1
group or class of citizens.2
(c)(iii) Has not been published primarily for advertising purposes and has not3
contained more than seventy-five percent advertising in more than one-half of its4
issues, excluding separate advertising supplements inserted into but separately5
identifiable from any regular issue or issues.6
(d)(iv) Has maintained a general paid circulation to bona fide paying7
subscribers within the area the publication is required.8
(b) The provisions of this Paragraph relating to a five year requirement shall9
not apply to a daily newspaper with a general paid circulation when such newspaper10
has maintained a public business office in Orleans Parish for eight consecutive11
months prior to January 1, 2014.12
* * *13
§201. Judicial advertisements and legal notices; parishes outside parish of Orleans14
* * *15
D.(1) In Jefferson Parish, no provision of this Chapter shall prohibit a16
weekly publication being selected to publish judicial advertisements and legal17
notices when if the publication has maintained a public business office for at least18
five consecutive months in the parish prior to June 1, 2006, and maintained a total19
circulation of at least twenty-five thousand for at least three consecutive years20
immediately prior to being selected.21
E.(2) Notwithstanding any provision of this Section, in Jefferson Parish a22
daily newspaper with a general paid circulation may be selected to publish judicial23
advertisements and legal notices if such newspaper has maintained a public business24
office in Orleans Parish for eight consecutive months prior to January 1, 2014.25
(3) In Jefferson Parish, the total circulation of every publication or26
newspaper shall be proved not less than annually by an experienced publication27
auditing firm prior to the selection of the publication or newspaper under this28
Section. The audit shall reflect the circulation of the publication or newspaper by29 HLS 14RS-1153 ORIGINAL
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parish, and shall be submitted as an attachment to any proposal by a publication or1
newspaper to publish judicial advertisements and legal notices in Jefferson Parish.2
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§202. Judicial advertisements in parish of Orleans4
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D. Notwithstanding any provision of this Section, in Orleans Parish a daily6
newspaper with a general paid circulation may be selected to publish judicial7
advertisements and legal notices if such newspaper has maintained a public business8
office in Orleans Parish for eight consecutive months prior to January 1, 2014.9
Section 2. R.S. 43:201(E) is hereby repealed in its entirety.10
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. HLS 14RS-1153 ORIGINAL
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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: HLS 14RS-1153 ORIGINAL
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(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))