HF 1122

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to local government; providing alternative 
  1.3             methods for publication of proceedings and public 
  1.4             notices; amending Minnesota Statutes 2002, section 
  1.5             331A.03, subdivision 1, by adding a subdivision; 
  1.6             proposing coding for new law as Minnesota Statutes, 
  1.7             chapter 331B. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 331A.03, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [GENERALLY.] Except as provided in 
  1.12  subdivision subdivisions 2 and 3, a public notice shall be 
  1.13  published in a qualified newspaper, and except as otherwise 
  1.14  provided by law, in one that is likely to give notice in the 
  1.15  affected area or to whom it is directed.  When a statute or 
  1.16  other law requires publication in a newspaper located in a 
  1.17  designated municipality or area and no qualified newspaper is 
  1.18  located there, publication shall be made in a qualified 
  1.19  newspaper likely to give notice unless the particular statute or 
  1.20  law expressly provides otherwise.  If no qualified newspaper 
  1.21  exists, then publication is not required.  
  1.22     Sec. 2.  Minnesota Statutes 2002, section 331A.03, is 
  1.23  amended by adding a subdivision to read: 
  1.24     Subd. 3.  [EXCEPTION; OTHER METHODS OF 
  1.25  NOTIFICATION.] Public notices or proceedings required to be 
  1.26  published by a local public corporation are not required to be 
  2.1   published in a qualified newspaper if the public notices or 
  2.2   proceedings are published or distributed by a method authorized 
  2.3   in chapter 331B. 
  2.4      Sec. 3.  [331B.01] [DEFINITIONS.] 
  2.5      Subdivision 1.  [APPLICATION.] The terms defined in this 
  2.6   section and in section 331A.01 apply to this chapter. 
  2.7      Subd. 2.  [NEWSLETTER.] "Newsletter" means a print 
  2.8   publication of the local public corporation that is delivered to 
  2.9   substantially all households and businesses located in the 
  2.10  jurisdiction. 
  2.11     Subd. 3.  [WEB SITE.] "Web site" means a specific, 
  2.12  addressable location provided on a server connected to the 
  2.13  Internet and hosting World Wide Web pages and other files that 
  2.14  are generally accessible on the Internet all or most of a day. 
  2.15     Sec. 4.  [331B.02] [DESIGNATION, NOTICE OF PUBLICATION 
  2.16  METHODS.] 
  2.17     Subdivision 1.  [ANNUAL DESIGNATION.] At the meeting of the 
  2.18  governing body of the local public corporation at which the 
  2.19  governing body must designate its official newspaper for the 
  2.20  year, the governing body may designate in the same manner one of 
  2.21  the publication methods listed in section 331B.03.  The 
  2.22  publication methods in section 331B.03 may be used in place of 
  2.23  or in addition to publication under chapter 331A.  Each year 
  2.24  after designating an alternative method of publication under 
  2.25  this chapter, the local public corporation must publish in a 
  2.26  qualified newspaper in the jurisdiction and by the designated 
  2.27  alternative means of publication, the manner in which the local 
  2.28  public corporation will publish any proceedings or public 
  2.29  notices required to be published during the year. 
  2.30     Subd. 2.  [REGULAR NOTICE.] A local public corporation that 
  2.31  designates an alternative method of publication must publish at 
  2.32  the same time each month in the local public corporation's 
  2.33  official newspaper or newsletter a summary of the types of items 
  2.34  that will be published that month by the alternative method 
  2.35  designated under subdivision 1.  The monthly notice must also 
  2.36  indicate how to find the publications by the designated 
  3.1   alternative method.  This subdivision does not apply during the 
  3.2   six-month transition period under subdivision 3. 
  3.3      Subd. 3.  [TRANSITION.] For the first six months after a 
  3.4   local public corporation designates an alternative method of 
  3.5   publication under this chapter, it must continue to publish 
  3.6   proceedings and public notices in the official newspaper in 
  3.7   addition to in the alternative method.  Each publication in the 
  3.8   official newspaper must indicate where to find the designated 
  3.9   alternative method. 
  3.10     Sec. 5.  [331B.03] [PUBLICATION METHODS AUTHORIZED.] 
  3.11     Subdivision 1.  [GOVERNMENT WEB SITE.] A local public 
  3.12  corporation may publish any proceedings or public notice 
  3.13  required to be published by posting the same information in 
  3.14  substantially the same format and for the same period of time as 
  3.15  required for publication under chapter 331A on the Web site of 
  3.16  the local public corporation. 
  3.17     Subd. 2.  [NEWSLETTER.] The local public corporation may 
  3.18  publish any proceedings or public notice required to be 
  3.19  published by including the proceedings or public notice in a 
  3.20  newsletter of the local public corporation.  Specific 
  3.21  requirements for the format or placement of the proceedings or 
  3.22  public notice do not apply to publication in the newsletter.  In 
  3.23  addition to distribution to substantially all households and 
  3.24  businesses in the jurisdiction, the local public corporation 
  3.25  must provide the newsletter to any person who asks to receive 
  3.26  proceedings or public notices. 
  3.27     Sec. 6.  [331B.04] [RECORD RETENTION.] 
  3.28     A local public corporation that uses an alternative means 
  3.29  of publication under this chapter must ensure that a permanent 
  3.30  record of publication is maintained in a form accessible by the 
  3.31  public. 
  3.32     Sec. 7.  [331B.05] [APPLICATION OF OTHER PROVISIONS OF 
  3.33  CHAPTER 331A.] 
  3.34     The provisions of chapter 331A apply to publication by 
  3.35  local public corporations under this chapter, except as 
  3.36  otherwise authorized or provided for in this chapter.