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      RS 43:111     



§111. Advertising; when prohibited and when authorized

            A. The state, or any department, officer, board, or commission shall not expend any public funds for advertising in any newspaper, book, pamphlet, periodical, or radio and television stations except as follows:

            (1) Advertising for bids or proposals for public work, supplies, or for labor.

            (2) Advertising for the sale of bonds.

            (3) Advertising for the sale by educational institutions of books, equipment, produce, or other materials.

            (4) Announcements by educational institutions of extension course offerings.

            (5) Announcements by postsecondary vocational-technical schools of program and course offerings.

            (6) Announcements by departments or auxiliary units of institutions of higher education, to promote cultural or educational programs sponsored by such departments or units for the public's cultural and intellectual benefit, limited to a maximum of fifteen percent of the cost of the event or three thousand dollars, whichever is larger.

            (7) Advertising by the executive office of the secretary, the office of cultural development, the office of the state library, the office of state museums, and the office of state parks in the Department of Culture, Recreation and Tourism for the statewide development and implementation of cultural, recreational, and tourism programs when funds have been appropriated to the department for that purpose.

            (8) Advertising by the office of children and family services in the Department of Children and Family Services for the recruitment of foster or adoptive parents.

            (9) Advertising by the Encore Louisiana Commission that is designed specifically to both increase the number of Louisianians who remain in the state and to authorize the commission to distribute advertising designed to promote Louisiana as a quality state for residents and tourists in the fifty year old and above demographic.

            (10) Other cases where the law authorizes advertisements.

            B. And except that the prohibition against advertising in any newspaper, book, pamphlet, or periodical shall not apply to the Department of Economic Development or to port commissions and port, harbor, and terminal districts in carrying out their respective functions and duties under the constitution and laws of this state.

            C. However, any public institution of higher education, any management board thereof, and the Board of Regents may expend public funds for advertising designed for any of the following purposes:

            (1) Increase the number of other race students enrolled in a public institution of higher education.

            (2) Increase the percentage of black high school graduates that pursue a higher education; provided that such advertising expenditures shall not exceed the amounts necessary to implement the provision of the consent decree entered in United States of America vs. State of Louisiana, et al., United States District court for the Eastern District of Louisiana, docket number 80-3300-A.

            (3) Promote the goals established in the Master Plan for Public Postsecondary Education.

            (4) Promote the services and programs offered by learning centers.

            (5) Promote the use of online services and programs of any public institution of higher education.

            D.(1) Notwithstanding any provision of law to the contrary and in addition to the exceptions provided by Subsection A of this Section and the authority provided by Subsection C of this Section, a public postsecondary educational institution annually may expend up to one-half of one percent of its total operating budget or one hundred thousand dollars, whichever amount is less, on advertising, provided such advertising is in furtherance of the duties and functions of the institution.

            (2) Expenditures for advertising by a public postsecondary educational institution pursuant to Paragraphs (1) through (6) of Subsection A of this Section and Subsection C of this Section shall be excluded from calculating annual expenditures for advertising pursuant to this Subsection.

            E. Whenever notice by print publication is required under applicable state law, the newspaper or statutorily-eligible publication under Chapters 3, 4, and 5 of Title 43 of the Louisiana Revised Statutes of 1950 that is publishing such notice shall, at no additional cost to government, place the notice on a website established and maintained as a statewide joint venture of a majority of Louisiana newspapers as a repository for such notices, subject to the following provisions:

            (1) The newspaper or publication shall post the notice contemporaneously with the notice's first print publication. The notice shall remain archived on the statewide website for not less than one year. Any newspaper or publication subject to the requirements of this Subsection shall have access to the statewide website at no charge.

            (2) Any notice posted online as required by this Subsection shall be posted and archived in its entirety, including maps and other exhibits, and shall include the publication date.

            (3) Any error in a notice placed on a website pursuant to this Subsection, or any temporary website outage or service interruption prohibiting the posting or display of such notice, shall be considered harmless error and proper legal notice requirements shall be considered met if the printed notice published in the newspaper or statutorily-eligible publication is correct.

            (4) Every newspaper or publication that publishes public notices shall include on its website homepage, if available, a link to its public notice section and shall include on its public notice homepage a link to the statewide public notice website described herein.

            (5) All notices published on a website pursuant to this Subsection shall be accessible to the public at no charge.

            (6) Nothing in this Subsection shall be construed as changing any requirement in Chapters 3, 4, and 5 of Title 43 of the Louisiana Revised Statutes of 1950.

            Amended by Acts 1952, No. 168, §1; Acts 1956, No. 134, §1; Acts 1977, No. 331, §1; Acts 1980, No. 189, §1; Acts 1980, No. 394, §1; Acts 1980, No. 491, §1; Acts 1982, No. 668, §1, eff. July 22, 1982; Acts 1986, No. 804, §1, eff. July 10, 1986; Acts 1997, No. 81, §1; Acts 1999, No. 710, §1, eff. July 1, 1999; Acts 1999, No. 1088, §1, eff. July 9, 1999; Acts 2001, No. 622, §1; Acts 2003, No. 162, §1; Acts 2003, No. 551, §2; Acts 2004, No. 35, §1, eff. May 21, 2004; Acts 2009, No. 342, §2; Acts 2011, No. 183, §1; Acts 2015, No. 457, §1.

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