HF 1784

as introduced - 88th Legislature (2013 - 2014) Posted on 04/17/2013 08:56am

A bill for an act
relating to local government; providing publishing alternatives to legal
newspapers; amending Minnesota Statutes 2012, sections 10.60, subdivisions
1, 2, 4; 331A.03, subdivision 1, by adding subdivisions; 645.11; 645.12,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter
331A; repealing Minnesota Statutes 2012, section 331A.03, subdivisions 2, 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 10.60, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section:

(1) "political subdivision" means a county, statutory or home rule charter city, town,
school district, or other deleted text begin municipal corporation deleted text end new text begin local political subdivision or local or area
district, commission, board, or authority new text end , and the Metropolitan Council and a metropolitan
or regional agency;

(2) "publication" means a document printed with public money by an elected
or appointed official of a state agency or political subdivision that is intended to be
distributed publicly outside of the state agency or political subdivision;

(3) "state agency" means an entity in the executive, judicial, or legislative branch
of state government; and

(4) "Web site" means a site maintained on the World Wide Web that is available for
unrestricted public access and that is maintained with public money by an elected or
appointed official of a state agency or political subdivision.

Sec. 2.

Minnesota Statutes 2012, section 10.60, subdivision 2, is amended to read:

Subd. 2.

Purpose of Web site and publications.

The purpose of a Web site and
a publication must be to provide information about the duties and jurisdiction of a state
agency or political subdivision or to facilitate access to public services and information
related to the responsibilities or functions of the state agency or political subdivision new text begin ,
including the posting of notices by a political subdivision that would otherwise need to be
published in a newspaper. A political subdivision may also agree to provide the same type
of information on behalf of another political subdivision that does not have its own Web site new text end .

Sec. 3.

Minnesota Statutes 2012, section 10.60, subdivision 4, is amended to read:

Subd. 4.

Permitted material.

(a) Material specified in this subdivision may
be included on a Web site or in a publication, but only if the material complies with
subdivision 2. This subdivision is not a comprehensive list of material that may be
contained on a Web site or in a publication, if the material complies with subdivision 2.

(b) A Web site or publication may include biographical information about an elected
or appointed official, a single official photograph of the official, and photographs of the
official performing functions related to the office. There is no limitation on photographs,
Webcasts, archives of Webcasts, and audio or video files that facilitate access to
information or services or inform the public about the duties and obligations of the office or
that are intended to promote trade or tourism. A state Web site or publication may include
photographs or information involving civic or charitable work done by the governor's
spouse, provided that these activities relate to the functions of the governor's office.

(c) A Web site or publication may include press releases, proposals, policy positions,
and other information directly related to the legal functions, duties, and jurisdiction of a
public official or organization. new text begin A Web site may also be used for the posting of notices that
would otherwise be required to be published in a newspaper.
new text end

(d) The election-related Web site maintained by the Office of the Secretary of State
shall provide links to:

(1) the campaign Web site of any candidate for legislative, constitutional, judicial,
or federal office who requests or whose campaign committee requests such a link and
provides in writing a valid URL address to the Office of the Secretary of State; and

(2) the Web site of any individual or group advocating for or against or providing
neutral information with respect to any ballot question, where the individual or group
requests such a link and provides in writing a valid Web site address and valid e-mail
address to the Office of the Secretary of State.

These links must be provided on the election-related Web site maintained by the
Office of the Secretary of State from the opening of filing for the office in question until
the business day following the day on which the State Canvassing Board has declared the
results of the state general election, or November 30 of the year in which the election has
taken place, whichever date is earlier. The link must be activated on the election-related
Web site maintained by the Office of the Secretary of State within two business days of
receipt of the request from a qualified candidate or committee.

Sec. 4.

Minnesota Statutes 2012, section 331A.03, subdivision 1, is amended to read:

Subdivision 1.

Generally.

Except as provided in deleted text begin subdivision 2 deleted text end new text begin this section and
section 331A.12 new text end , a public notice shall be published in a qualified newspaper, and except
as otherwise provided by law, in one that is likely to give notice in the affected area or
to whom it is directed. When a statute or other law requires publication in a newspaper
located in a designated political subdivision or area and no qualified newspaper is located
there, publication shall be made in a qualified newspaper likely to give notice unless the
particular statute or law expressly provides otherwise. If no qualified newspaper exists,
then publication is not required.

Sec. 5.

Minnesota Statutes 2012, section 331A.03, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Alternative notice options. new text end

new text begin Except as provided in section 645.11,
subdivision 3, the governing body of a political subdivision required to provide published
notice under this section may, by resolution, determine to provide such notice in one
of the following manners: (a) by posting the notice on its designated Web site; (b) by
publishing the notice in a newsletter or similar printed means prepared by the public
body and delivered by mail or other means to each household within the public body's
jurisdiction; or (c) by inclusion of the notice in a free publication of general circulation or
distribution within the public body's jurisdiction, provided the publication does not charge
for publishing the public notice and the governing body determines that the publication is
likely to give better notice to residents than publication in a newspaper qualified under this
chapter. A governing body that provides notice by one of the alternative means provided
in this subdivision must publish one notice in its official newspaper informing the public
of where future notices that would otherwise be published in the newspaper can be found.
new text end

Sec. 6.

Minnesota Statutes 2012, section 331A.03, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Mailed copy. new text end

new text begin A person may file a written request to receive a mailed copy
of any notice provided using an alternative method under subdivision 2a. The governing
body of a political subdivision using an alternative method under subdivision 2a may
impose a reasonable fee to cover the cost of printing, copying, and mailing any notice
requested under this subdivision.
new text end

Sec. 7.

new text begin [331A.041] DESIGNATION OF OFFICIAL WEB SITE.
new text end

new text begin The governing body of a political subdivision may designate a public Web site as its
official Web site. The Web site must comply with the requirements of section 10.60. A
public Web site maintained by another political subdivision may only be designated if the
two entities enter into a written agreement regarding the terms of use of the Web site.
new text end

Sec. 8.

Minnesota Statutes 2012, section 645.11, is amended to read:

645.11 PUBLISHED NOTICE.

new text begin Subdivision 1. new text end

new text begin Qualified newspaper. new text end

Unless otherwise specifically provided, the
words "published notice," when used in reference to the giving of notice in any proceeding
or the service of any summons, order, or process in judicial proceedings, mean the
publication in full of the notice, or other paper referred to, in the regular issue of a qualified
newspaper, once each week for the number of weeks specified. When the publication day
of any newspaper falls upon Thanksgiving Day, or upon any legal holiday, the publication
of notice in any proceeding or the publication of any summons, order, or process in
judicial proceedings, may be made either the day before or the day after Thanksgiving
Day, or such legal holiday. When the published notice contains a description of real estate
which is located within the legal limits of any city, which city is situated in more than one
county, such published notice may be published in any legal newspaper within such city.

new text begin Subd. 2. new text end

new text begin Web site. new text end

new text begin Except as provided in subdivision 3, whenever a political
subdivision as defined in section 331A.01, subdivision 3, is required to provide published
notice in an official newspaper or paper of general circulation within the public body, the
publication requirement is satisfied if the public body posts the required notice on its
designated official Web site for the time period required by the specific notice requirement.
new text end

new text begin Subd. 3. new text end

new text begin Exception. new text end

new text begin When published notice is required under the provisions of
chapter 414, 429, or 462, or section 410.10, a political subdivision may not substitute the
Web site posting authorized in subdivision 2 for the required publication in an official
newspaper or one of general circulation within the political subdivision.
new text end

Sec. 9.

Minnesota Statutes 2012, section 645.12, subdivision 1, is amended to read:

Subdivision 1.

Definition.

The term "posted notice," when used in reference to
the giving of notice in any proceeding or the service of any summons, order, or process
in judicial proceedings, means the posting, at the beginning of the prescribed period
of notice, of a copy of the notice or document referred to, in a manner likely to attract
attention, in each of three of the most public places in the deleted text begin town, city, district, or county
deleted text end new text begin political subdivision new text end to which the subject matter of the notice relates, or in which the thing
of which notice is given is to occur or to be performed. new text begin When the governing body of a
political subdivision determines that posting places outside of its boundaries will better
serve the intent of notifying members of the public, use of such a posting place satisfies
the requirements of this section. The use of a designated official Web site may be used for
one of the required posting places.
new text end

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 331A.03, subdivisions 2 and 3, new text end new text begin are repealed.
new text end