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Regular Session, 2014
SENATE BILL NO. 630
BY SENATOR MARTINY
PUBLIC PRINTING. Provides for the qualification of a newspaper to publish official
proceedings, legal notices, or advertisements in Orleans Parish or Jefferson Parish. (gov sig)
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 the parishes of Orleans and Jefferson; to provide4
relative to qualifications of newspapers for such publications; to provide for5
definitions; and to provide for related matters.6
Notice of intention to introduce this Act has been published.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 43:142(B), 171(B), 200(3), and 201(D) are hereby amended and9
reenacted and R.S. 43:202(D) is hereby enacted to read as follows:10
§142. Qualifications of newspaper11
* * *12
B. The provisions of this Section relating to the five-year requirement shall13
not contravene any contract existing between any governing body and a newspaper14
on and prior to May 11, 1970; nor shall the five-year requirement herein be applied15
in assessing the qualifications of a newspaper which was in existence on May 11,16
1970; nor shall any provision of this Chapter prohibit a publication from becoming17 SB NO. 630
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an official journal in Jefferson Parish when if the publication is qualified to publish1
judicial advertisements and legal notices in Jefferson Parish or Orleans Parish2
or has actually published official proceedings within one year prior to June 1, 1986,3
of any municipal corporation, parish council, police jury, or school board within4
Jefferson Parish.5
* * *6
§171. Selection of newspaper7
* * *8
B. The provisions of this Section relating to the five-year requirement shall9
not contravene any contract existing between any governing body and a newspaper10
on and prior to May 11, 1970; nor shall the five-year requirement herein be applied11
in assessing the qualifications of a newspaper which was in existence on May 11,12
1970; nor shall any provision of this Chapter prohibit a publication from becoming13
an official journal in Jefferson Parish or Orleans Parish when if the publication is14
qualified to publish judicial advertisements and legal notices in Jefferson Parish15
or Orleans Parish or has actually published official proceedings within one year16
prior to June 1, 1986, of any municipal corporation, parish council, police jury, or17
school board within Jefferson Parish or Orleans Parish.18
* * *19
§200. Definitions20
As used in this Chapter, the following terms shall have the meanings ascribed21
to them in this Section:22
* * *23
(3)(a) "Newspaper" means a publication that during each year of the five-year24
period prior to the first publication of any legal or official notice therein:25
(a)(i) Has been published at regular intervals of not less than weekly.26
(b)(ii) Has been originated and published for the dissemination of current27
news and intelligence of varied, broad, and general public interest, including regular28
news coverage of local public meetings and events, and is not devoted to the interests29 SB NO. 630
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of, or published for the entertainment or instruction of, or has a circulation restricted1
to, any particular sect, denomination, labor or fraternal organization, or other special2
group or class of citizens.3
(c)(iii) Has not been published primarily for advertising purposes and has not4
contained more than seventy-five percent advertising in more than one-half of its5
issues, excluding separate advertising supplements inserted into but separately6
identifiable from any regular issue or issues.7
(d)(iv) Has maintained a general paid circulation to bona fide paying8
subscribers within the area the publication is required.9
(b) For purposes of qualifications for publishing official proceedings,10
legal notices, or advertisements in the parishes of Jefferson and Orleans, the11
provisions of this Paragraph relating to a five-year requirement shall not apply12
to a daily newspaper with a general paid circulation when the newspaper has13
maintained a public business office in Orleans Parish for eight consecutive14
months prior to January 1, 2014.15
* * *16
§201. Judicial advertisements and legal notices; parishes outside parish of Orleans17
* * *18
D.(1) In Jefferson Parish, no provision of this Chapter shall prohibit a weekly19
publication being selected to publish judicial advertisements and legal notices when20
if the publication has maintained a public business office for at least five consecutive21
months in the parish prior to June 1, 2006, and maintained a total circulation of at22
least twenty-five thousand for at least three consecutive years immediately prior to23
being selected.24
E.(2) Notwithstanding any provision of this Section to the contrary, in25
Jefferson Parish, a daily newspaper with a general paid circulation may be26
selected to publish judicial advertisements and legal notices if the newspaper27
has maintained a public business office in Orleans Parish for eight consecutive28
months prior to January 1, 2014.29 SB NO. 630
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(3) In Jefferson Parish, the total circulation of every publication or newspaper1
shall be proved not less than annually by an experienced publication auditing firm2
prior to the selection of the publication or newspaper under this Section. The audit3
shall reflect the circulation of the publication or newspaper by parish, and shall be4
submitted as an attachment to any proposal by a publication or newspaper to publish5
judicial advertisements and legal notices in Jefferson Parish.6
* * *7
§202. Judicial advertisements in parish of Orleans8
* * *9
D. Notwithstanding any provision of this Section to the contrary, in10
Orleans Parish, a daily newspaper with a general paid circulation may be11
selected to publish judicial advertisements and legal notices if the newspaper12
has maintained a public business office in Orleans Parish for eight consecutive13
months prior to January 1, 2014. 14
Section 2. R.S. 43:201(E) is hereby repealed.15
Section 3. This Act shall become effective upon signature by the governor or, if not16
signed by the governor, upon expiration of the time for bills to become law without signature17
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If18
vetoed by the governor and subsequently approved by the legislature, this Act shall become19
effective on the day following such approval.20
The original instrument was prepared by Thomas L. Tyler. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Ashley Menou.
DIGEST
Martiny (SB 630)
Present law (R.S. 43:142) provides certain qualifications for a newspaper in order to be
selected as an official journal of a parish, municipality, or school board including a
requirement that the paper have an office physically located in the parish and have
maintained a general paid circulation for five consecutive years.
Present law provides that present law does not prohibit a publication from becoming an
official journal in Jefferson Parish when the publication has actually published official
proceedings within one year prior to June 1, 1986, of any municipal corporation, parish
council, police jury, or school board within Jefferson Parish. Proposed law retains these
provisions but provides that present law also does not prohibit a publication from being the SB NO. 630
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official journal in Jefferson Parish when it is qualified to publish judicial advertisements and
legal notices in Jefferson Parish or Orleans Parish.
Present law (R.S. 43:171) provides certain qualifications relative to selection of a newspaper
as the official journal of levee, drainage, subdrainage, road, subroad, navigation, sewerage
districts or by other political subdivisions including requirements that the paper have an
office physically located in the parish and have maintained a general paid circulation for five
consecutive years.
Proposed law provides that the five-year requirements and nothing in present law shall
prohibit a publication from becoming an official journal in Jefferson Parish or Orleans Parish
if it is qualified to publish judicial advertisements and legal notices in Jefferson Parish or
Orleans Parish.
Present law (R.S. 43:200) provides in order to publish judicial advertisements and legal
notices, a newspaper is to satisfy certain requirements during each year of the five-year
period prior to the first publication of any advertisement or notice, including publication at
regular intervals not less than weekly and a general paid circulation.
Proposed laws retains these provisions, but provides that in Jefferson Parish, a daily
newspaper with a general paid circulation may be selected to publish judicial advertisements
and legal notices if the newspaper has maintained a public business office in Orleans Parish
for eight consecutive months prior to January 1, 2014.
Proposed law provides that, for purposes of qualifications for publishing official
proceedings, legal notices, or advertisements in the parishes of Jefferson or Orleans, the five
year requirement shall not apply to a daily newspaper with a general paid circulation if the
newspaper has maintained a public business office in Orleans Parish for eight consecutive
months prior to January 1, 2014.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(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))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill
1. Provides that, for purposes of qualifications for publishing official
proceedings, legal notices, or advertisements in the parishes of Jefferson or
Orleans, the five year requirement shall not apply to a daily newspaper with
a general paid circulation if the newspaper has maintained a public business
office in Orleans Parish for eight consecutive months prior to January 1,
2014.