§ 43:111 — Advertising; when prohibited and when authorized

§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.
NOTE: Paragraph (A)(8) eff. until Oct. 1, 2027. See Acts 2025, No. 477.
(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.
NOTE: Paragraph (A)(8) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
(8) Advertising by 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. The prohibition against advertising in any newspaper, book, pamphlet, or
periodical shall not apply to Louisiana 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.

Legislative History

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; Acts 2025, No. 477, §13, eff. Oct. 1, 2027.