HF 2270

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

  1.1                          A bill for an act 
  1.2             relating to official publications; changing provisions 
  1.3             for publication of public notices in newspapers; 
  1.4             requiring a report; amending Minnesota Statutes 2002, 
  1.5             sections 279.09; 279.092; 331A.01, subdivisions 2, 3, 
  1.6             6, 9, 10; 331A.02, subdivisions 1, 3, 4, by adding a 
  1.7             subdivision; 331A.03, subdivision 1, by adding a 
  1.8             subdivision; 331A.04, as amended; 331A.05, 
  1.9             subdivisions 3, 4, 5, 7, by adding a subdivision; 
  1.10            331A.06, subdivision 3, by adding a subdivision; 
  1.11            331A.07; 331A.08, by adding a subdivision; 331A.09; 
  1.12            331A.10, subdivision 1; 331A.11, subdivisions 1, 2; 
  1.13            375.12, subdivision 2; 375.17, subdivision 1; 412.191, 
  1.14            subdivision 3; 471.698, subdivision 1; repealing 
  1.15            Minnesota Statutes 2002, sections 331A.01, subdivision 
  1.16            5; 331A.02, subdivision 2. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 2002, section 279.09, is 
  1.19  amended to read: 
  1.20     279.09 [PUBLICATION OF NOTICE AND LIST.] 
  1.21     The county auditor shall cause the notice and list of 
  1.22  delinquent real property to be published once in each of two 
  1.23  consecutive weeks in the newspaper designated, the first 
  1.24  publication of which shall be made on or before March 20 
  1.25  immediately following the filing of such list with the court 
  1.26  administrator of the district court, and the second not less 
  1.27  than two weeks later.  The auditor county shall deliver such 
  1.28  the list to the publisher of the newspaper designated, at least 
  1.29  20 ten days before the date upon which the list shall is to be 
  1.30  published for the first time.  Not less than five days before 
  1.31  the second publication, the county shall submit a revised list 
  2.1   to the newspaper.  A taxpayer who has paid delinquent taxes 
  2.2   since the first publication must be removed by the county from 
  2.3   the second publication. 
  2.4      Sec. 2.  Minnesota Statutes 2002, section 279.092, is 
  2.5   amended to read: 
  2.6      279.092 [PUBLICATION AND RELATED COSTS.] 
  2.7      The county auditor shall assess a service fee of the 
  2.8   greater of (a) $10.00, or (b) the amount determined by the 
  2.9   county board as reasonably necessary to recover all costs 
  2.10  incurred, against each parcel included in the delinquent tax 
  2.11  list filed pursuant to section 279.05.  The unpaid fees shall 
  2.12  constitute a lien against the property in the manner provided in 
  2.13  section 272.31 for unpaid taxes.  When the fee is collected, the 
  2.14  general revenue fund of the county shall be credited to defray 
  2.15  costs incurred by the county auditor and the court administrator 
  2.16  of district court to prepare and publish the delinquent tax list 
  2.17  and to enter judgment if no answer is filed.  
  2.18     Sec. 3.  Minnesota Statutes 2002, section 331A.01, 
  2.19  subdivision 2, is amended to read: 
  2.20     Subd. 2.  [KNOWN OFFICE OF ISSUE.] "Known office of issue" 
  2.21  means the newspaper's principal office maintained by the 
  2.22  publisher or managing officer during a newspaper's regular 
  2.23  business hours to gather news and sell advertisements and 
  2.24  subscriptions, whether or not printing or any other operations 
  2.25  of the newspaper are conducted at or from the office, and 
  2.26  devoted primarily to business related to the newspaper devoted 
  2.27  primarily to business related to the newspaper, whether or not 
  2.28  printing or any other operations of the newspaper are conducted 
  2.29  at or from the office.  A newspaper may have only one known 
  2.30  office of issue. 
  2.31     Sec. 4.  Minnesota Statutes 2002, section 331A.01, 
  2.32  subdivision 3, is amended to read: 
  2.33     Subd. 3.  [LOCAL PUBLIC CORPORATION POLITICAL SUBDIVISION.] 
  2.34  "Local public corporation" "Political subdivision" means a 
  2.35  county, municipality, school district, or any other local 
  2.36  political subdivision or local or area district, commission, 
  3.1   board, or authority.  
  3.2      Sec. 5.  Minnesota Statutes 2002, section 331A.01, 
  3.3   subdivision 6, is amended to read: 
  3.4      Subd. 6.  [PROCEEDINGS.] "Proceedings" means the substance 
  3.5   of all official actions taken by the governing body of a local 
  3.6   public corporation political subdivision at any regular or 
  3.7   special meeting, and at minimum includes the subject matter of a 
  3.8   motion, the persons making and seconding a motion, the roll call 
  3.9   vote on a motion, the character of resolutions or ordinances 
  3.10  offered, including a brief description of their subject matter, 
  3.11  and whether defeated or adopted.  
  3.12     Sec. 6.  Minnesota Statutes 2002, section 331A.01, 
  3.13  subdivision 9, is amended to read: 
  3.14     Subd. 9.  [SECONDARY OFFICE.] "Secondary office" means an 
  3.15  office established by a newspaper in a community other than that 
  3.16  in which its known office of issue is located, in the same or an 
  3.17  adjoining county, to enhance its coverage of and service to that 
  3.18  community, open on a regular basis to gather news and sell 
  3.19  advertisements and subscriptions, whether or not printing or any 
  3.20  other operations of the newspaper are conducted at or from the 
  3.21  office, and devoted primarily to business related to the 
  3.22  newspaper.  
  3.23     Sec. 7.  Minnesota Statutes 2002, section 331A.01, 
  3.24  subdivision 10, is amended to read: 
  3.25     Subd. 10.  [SUMMARY.] "Summary" means an accurate and 
  3.26  intelligible abstract or synopsis of the essential elements of 
  3.27  proceedings, ordinances, resolutions, financial statements, and 
  3.28  other official actions.  It shall be written in a clear and 
  3.29  coherent manner, and shall, to the extent possible, avoid the 
  3.30  use of technical or legal terms not generally familiar to the 
  3.31  public.  When a summary is published, the publication shall 
  3.32  clearly indicate that the published material is only a summary 
  3.33  and that the full text is available for public inspection at a 
  3.34  designated location or by standard or electronic mail.  A 
  3.35  summary published in conformity with this section shall be 
  3.36  deemed to fulfill all legal publication requirements as 
  4.1   completely as if the entire matter which was summarized had been 
  4.2   published.  No liability shall be asserted against the local 
  4.3   public corporation a political subdivision in connection with 
  4.4   the publication of a summary or agenda.  
  4.5      Sec. 8.  Minnesota Statutes 2002, section 331A.02, 
  4.6   subdivision 1, is amended to read: 
  4.7      Subdivision 1.  [QUALIFICATION.] No newspaper in this state 
  4.8   shall be entitled to any compensation or fee for publishing any 
  4.9   public notice unless it is a qualified as a medium of official 
  4.10  and legal publication newspaper.  A newspaper that is not 
  4.11  qualified must inform a public body that presents a public 
  4.12  notice for publication that it is not qualified.  To be 
  4.13  qualified as a medium of official and legal publication, a 
  4.14  newspaper shall:  
  4.15     (a) be printed in the English language in newspaper format 
  4.16  and in column and sheet form equivalent in printed space to at 
  4.17  least 1,000 square inches, or 800 square inches if the local 
  4.18  public corporation political subdivision the newspaper purports 
  4.19  to serve has a population of under 1,300 and the newspaper does 
  4.20  not receive a public subsidy; 
  4.21     (b) if a daily, be distributed at least five days each 
  4.22  week, or.  If not a daily, the newspaper may be distributed at 
  4.23  least once each week, twice a month for 50 weeks each year with 
  4.24  respect to the publishing of government public notices.  In any 
  4.25  week in which a legal holiday is included, not more than four 
  4.26  issues of a daily paper are necessary; 
  4.27     (c) in at least half of its issues each year, have no more 
  4.28  than 75 percent of its printed space comprised of advertising 
  4.29  material and paid public notices.  In all of its issues each 
  4.30  year, have 25 percent, if published more often than weekly, or 
  4.31  50 percent, if weekly, of its news columns devoted to news of 
  4.32  local interest to the community which it purports to serve.  Not 
  4.33  more than 25 percent of its total nonadvertising column inches 
  4.34  in any issue may wholly duplicate any other publication unless 
  4.35  the duplicated material is from recognized general news 
  4.36  services; 
  5.1      (d) be circulated in the local public corporation political 
  5.2   subdivision which it purports to serve, and either have at least 
  5.3   500 copies regularly delivered to paying subscribers, or 250 
  5.4   copies delivered to paying subscribers if the local public 
  5.5   corporation political subdivision it purports to serve has a 
  5.6   population of under 1,300, or have at least 500 copies regularly 
  5.7   distributed without charge to local residents, or 250 copies 
  5.8   distributed without charge to local residents if the local 
  5.9   public corporation political subdivision it purports to serve 
  5.10  has a population of under 1,300; 
  5.11     (e) have its known office of issue established in either 
  5.12  the county in which lies, in whole or in part, the local public 
  5.13  corporation political subdivision which the newspaper purports 
  5.14  to serve, or in an adjoining county; 
  5.15     (f) file a copy of each issue immediately with the State 
  5.16  Historical Society; 
  5.17     (g) be made available at single or subscription prices to 
  5.18  any person, corporation, partnership, or other unincorporated 
  5.19  association entity requesting the newspaper and making the 
  5.20  applicable payment, or be distributed without charge to local 
  5.21  residents; 
  5.22     (h) have complied with all the foregoing conditions of this 
  5.23  subdivision for at least one year immediately preceding the date 
  5.24  of the notice publication; 
  5.25     (i) between September 1 and December 31 of each year 
  5.26  publish a sworn United States Post Office periodicals-class 
  5.27  statement of ownership and circulation or a statement of 
  5.28  ownership and circulation verified by a recognized independent 
  5.29  circulation auditing agency covering a period of at least one 
  5.30  year ending no earlier than the June 30 preceding the 
  5.31  publication deadline.  When publication occurs after December 31 
  5.32  and before July 1, qualification shall be effective from the 
  5.33  date of the filing described in paragraph (j) through December 
  5.34  31 of that year; and 
  5.35     (j) after publication, submit to the secretary of state by 
  5.36  December 31 a filing containing the newspaper's name, address of 
  6.1   its known office of issue, telephone number, and a statement 
  6.2   that it has complied with all of the requirements of this 
  6.3   section.  The filing must be accompanied by a fee of $25.  The 
  6.4   secretary of state shall make available for public inspection a 
  6.5   list of newspapers that have filed.  Acceptance of a filing does 
  6.6   not constitute a guarantee by the state that any other 
  6.7   qualification has been met. 
  6.8      Sec. 9.  Minnesota Statutes 2002, section 331A.02, 
  6.9   subdivision 3, is amended to read: 
  6.10     Subd. 3.  [PUBLICATION; SUSPENSION; CHANGES.] The following 
  6.11  circumstances shall not affect the qualification of a newspaper, 
  6.12  invalidate an otherwise valid publication, or invalidate a 
  6.13  designation as official newspaper for publication of county 
  6.14  board proceedings. 
  6.15     (a) Suspension of publication for a period of not more than 
  6.16  three consecutive months resulting from the destruction of its 
  6.17  known office of issue, equipment, or other facility by the 
  6.18  elements, unforeseen accident, or acts of God or by reason of a 
  6.19  labor dispute. 
  6.20     (b) The consolidation of one newspaper with another 
  6.21  published in the same county, or a change in its name or 
  6.22  ownership, or a temporary change in its known office of issue.  
  6.23     (c) Change of the day of publication, the frequency of 
  6.24  publication, or the change of the known office of issue from one 
  6.25  place to another within the same county.  Except as provided in 
  6.26  this subdivision, suspension of publication, or a change of 
  6.27  known office of issue from one county to another, or failure to 
  6.28  maintain its known office of issue in the county, shall deprive 
  6.29  a newspaper of its standing as a medium of official and legal 
  6.30  publication qualified newspaper until the newspaper it again 
  6.31  becomes qualified pursuant to subdivision 1.  
  6.32     Sec. 10.  Minnesota Statutes 2002, section 331A.02, 
  6.33  subdivision 4, is amended to read: 
  6.34     Subd. 4.  [DECLARATORY JUDGMENT OF LEGALITY.] Any A person 
  6.35  interested in the standing as a medium of official and legal 
  6.36  publication of a newspaper, newspaper's qualification under this 
  7.1   section may petition the district court in the county in which 
  7.2   the newspaper has its known office of issue for a declaratory 
  7.3   judgment to determine whether the newspaper is qualified as a 
  7.4   medium of official and legal publication.  Unless filed by the 
  7.5   publisher, the petition and summons shall be served on the 
  7.6   publisher as in other civil actions.  Service in other cases 
  7.7   shall be made by publication of the petition and summons once 
  7.8   each week for three successive weeks in the newspaper or 
  7.9   newspapers the court may order and upon the persons as the court 
  7.10  may direct.  Publications made in a newspaper after a judgment 
  7.11  that it is qualified but before the judgment is vacated or set 
  7.12  aside shall be valid.  Except as provided in this subdivision, 
  7.13  the Uniform Declaratory Judgments Act and the Rules of Civil 
  7.14  Procedure shall apply to the action.  
  7.15     Sec. 11.  Minnesota Statutes 2002, section 331A.02, is 
  7.16  amended by adding a subdivision to read: 
  7.17     Subd. 5.  [POSTING NOTICES ON WEB SITE.] If, in the normal 
  7.18  course of its business, a qualified newspaper maintains a Web 
  7.19  site, then as a condition of accepting and publishing public 
  7.20  notices, the newspaper must agree to post all the notices on its 
  7.21  Web site at no additional cost.  The notice must remain on the 
  7.22  Web site during the notice's full publication period.  Failure 
  7.23  to post or maintain a public notice on the newspaper's Web site 
  7.24  does not affect the validity of the public notice. 
  7.25     Sec. 12.  Minnesota Statutes 2002, section 331A.03, 
  7.26  subdivision 1, is amended to read: 
  7.27     Subdivision 1.  [GENERALLY.] Except as provided in 
  7.28  subdivision 2, a public notice shall be published in a qualified 
  7.29  newspaper, and except as otherwise provided by law, in one that 
  7.30  is likely to give notice in the affected area or to whom it is 
  7.31  directed.  When a statute or other law requires publication in a 
  7.32  newspaper located in a designated municipality political 
  7.33  subdivision or area and no qualified newspaper is located there, 
  7.34  publication shall be made in a qualified newspaper likely to 
  7.35  give notice unless the particular statute or law expressly 
  7.36  provides otherwise.  If no qualified newspaper exists, then 
  8.1   publication is not required.  
  8.2      Sec. 13.  Minnesota Statutes 2002, section 331A.03, is 
  8.3   amended by adding a subdivision to read: 
  8.4      Subd. 3.  [ALTERNATIVE DISSEMINATION OF BIDS AND 
  8.5   REQUESTS.] (a) In addition to or as an alternative to newspaper 
  8.6   publication, a political subdivision may disseminate 
  8.7   solicitations of bids, requests for information, and requests 
  8.8   for proposals by a means authorized in paragraph (b), if the 
  8.9   political subdivision simultaneously publishes, either as part 
  8.10  of the minutes of a regular meeting of the governing body or in 
  8.11  a separate notice published in the official newspaper, a 
  8.12  description of all solicitations or requests so disseminated, 
  8.13  along with the means by which the dissemination occurred. 
  8.14     (b) A political subdivision may use its Web site or 
  8.15  recognized industry trade journals as an alternative means of 
  8.16  dissemination.  A dissemination by alternative means must be in 
  8.17  substantially the same format and for the same period of time as 
  8.18  a publication required by this chapter. 
  8.19     (c) For the first six months after a political subdivision 
  8.20  designates an alternative means of dissemination, it must 
  8.21  continue to publish solicitation of bids, requests for 
  8.22  information, and requests for proposals in the official 
  8.23  newspaper in addition to the alternative method.  The 
  8.24  publication in the official newspaper must indicate where to 
  8.25  find the designated alternative method.  After the expiration of 
  8.26  the six-month period, an alternative means of dissemination 
  8.27  satisfies the publication requirements of this chapter for 
  8.28  solicitation of bids, requests for information, and requests for 
  8.29  proposals. 
  8.30     Sec. 14.  Minnesota Statutes 2002, section 331A.04, as 
  8.31  amended by Laws 2003, chapter 59, section 1, is amended to read: 
  8.32     331A.04 [DESIGNATION OF A NEWSPAPER FOR OFFICIAL 
  8.33  PUBLICATIONS.] 
  8.34     Subdivision 1.  [PRIORITY.] The governing body of any local 
  8.35  public corporation a political subdivision, when authorized or 
  8.36  required by statute or charter to designate a newspaper for 
  9.1   publication of its official proceedings and public notices, 
  9.2   shall designate a qualified newspaper which is a qualified 
  9.3   medium of official and legal publication in the following 
  9.4   priority. 
  9.5      Subd. 2.  [KNOWN OFFICE IN LOCALITY.] If there are one or 
  9.6   more qualified newspapers, the known office of issue of which 
  9.7   are located within the local public corporation political 
  9.8   subdivision, one of them shall be designated. 
  9.9      Subd. 3.  [SECONDARY OFFICE IN LOCALITY.] When no qualified 
  9.10  newspaper has a known office of issue located in the local 
  9.11  public corporation political subdivision, but one or more 
  9.12  qualified newspapers maintain a secondary office there, one of 
  9.13  them shall be designated. 
  9.14     Subd. 4.  [GENERAL CIRCULATION IN LOCALITY.] When no 
  9.15  qualified newspaper has its known office of issue or a secondary 
  9.16  office located within the local public corporation political 
  9.17  subdivision, then a qualified newspaper of general circulation 
  9.18  there shall be designated. 
  9.19     Subd. 5.  [OTHER SITUATIONS.] If a local public corporation 
  9.20  political subdivision is without an official newspaper, or if 
  9.21  the publisher refuses to publish a particular public notice, 
  9.22  matters required to be published shall be published in a 
  9.23  newspaper designated as provided in subdivision 4.  The 
  9.24  governing body of a local public corporation political 
  9.25  subdivision with territory in two or more counties may, if 
  9.26  deemed in the public interest, designate a separate qualified 
  9.27  newspaper for each county.  
  9.28     Subd. 6.  [EXCEPTION TO DESIGNATION PRIORITY.] (a) 
  9.29  Notwithstanding subdivisions 1 to 3, the governing body of a 
  9.30  local public corporation political subdivision may designate any 
  9.31  newspaper for publication of its official proceedings and public 
  9.32  notices, if the following conditions are met: 
  9.33     (1) the newspaper is a qualified medium of official and 
  9.34  legal publication; 
  9.35     (2) the publisher of the newspaper furnishes a sworn 
  9.36  statement, verified by a recognized independent circulation 
 10.1   auditing agency, covering a period of at least one year ending 
 10.2   no earlier than 60 days before designation of the newspaper, 
 10.3   stating that the newspaper's circulation reaches not fewer than 
 10.4   75 percent of the households within the public corporation 
 10.5   political subdivision; 
 10.6      (3) the newspaper has provided regular coverage of the 
 10.7   proceedings of the governing body of the local public 
 10.8   corporation political subdivision and will continue to do so; 
 10.9   and 
 10.10     (4) the governing body votes unanimously to designate the 
 10.11  newspaper. 
 10.12     (b) If the circulation of a newspaper designated under this 
 10.13  subdivision falls below 75 percent of the households within the 
 10.14  public local corporation political subdivision at any time 
 10.15  within the term of its designation as official newspaper, its 
 10.16  qualification to publish public notices for the local public 
 10.17  corporation political subdivision terminates. 
 10.18     Subd. 7.  [JOINT BIDDING.] A bid submitted jointly by two 
 10.19  or more newspapers for the publication of public notices must 
 10.20  not be considered anticompetitive or otherwise unlawful if the 
 10.21  following conditions are met: 
 10.22     (1) all of the qualified newspapers in the county 
 10.23  participate in the joint bid; 
 10.24     (2) the existence of the joint bid arrangement is disclosed 
 10.25  to the county board before or at the time of submission of the 
 10.26  joint bid; and 
 10.27     (3) the board is free to reject the joint bid and, if it 
 10.28  does, individual qualified newspapers do not refuse to submit 
 10.29  separate bids owing to the rejection of the joint bid. 
 10.30     Sec. 15.  Minnesota Statutes 2002, section 331A.05, 
 10.31  subdivision 3, is amended to read: 
 10.32     Subd. 3.  [TYPE FACE.] Except as otherwise directed by a 
 10.33  particular statute requiring publication of a public notice or 
 10.34  by order of a court, a public notice shall be printed in a type 
 10.35  face no smaller than six point with a lowercase alphabet of at 
 10.36  least 90 point points.  Larger type faces may be used.  
 11.1      Sec. 16.  Minnesota Statutes 2002, section 331A.05, 
 11.2   subdivision 4, is amended to read: 
 11.3      Subd. 4.  [TITLE OR CAPTION.] Every public notice shall 
 11.4   include a bold face title or caption in a body type no smaller 
 11.5   than brevier or eight point referring to the content of the 
 11.6   notice.  Larger type faces may be used.  
 11.7      Sec. 17.  Minnesota Statutes 2002, section 331A.05, 
 11.8   subdivision 5, is amended to read: 
 11.9      Subd. 5.  [LOCAL OPTIONS.] The governing body of a local 
 11.10  public corporation political subdivision may, to better inform 
 11.11  the public, increase the frequency of publication of a public 
 11.12  notice beyond the minimum required by a particular statute.  It 
 11.13  may use forms and styles for the notice as it deems appropriate, 
 11.14  including the use of display advertisements and graphics.  It 
 11.15  may publish or disseminate the notice in other newspapers in 
 11.16  addition to the newspaper required to be designated under 
 11.17  section 331A.04.  In addition to publication in the newspaper 
 11.18  required to be designated under section 331A.04, it may publish 
 11.19  or disseminate the notice in other newspapers and by means of 
 11.20  standard and electronic mail.  Regardless of whether a 
 11.21  particular statute specifies "legal notice," "public notice," 
 11.22  "notice," or uses similar terms, the governing body may use 
 11.23  whatever form for the published notice that it deems appropriate 
 11.24  in order to adequately inform the public, subject to the 
 11.25  requirements of sections 331A.01 to 331A.11.  Nothing in the 
 11.26  foregoing provisions of this subdivision shall require the 
 11.27  governing body of a local public corporation political 
 11.28  subdivision to use the options described.  
 11.29     Sec. 18.  Minnesota Statutes 2002, section 331A.05, 
 11.30  subdivision 7, is amended to read: 
 11.31     Subd. 7.  [ERRORS IN PUBLICATION.] If through no fault of 
 11.32  the local public corporation political subdivision, an error 
 11.33  occurs in the publication of a public notice, the error shall 
 11.34  have no effect on the validity of the event, action, or 
 11.35  proceeding to which the public notice relates. 
 11.36     Sec. 19.  Minnesota Statutes 2002, section 331A.05, is 
 12.1   amended by adding a subdivision to read: 
 12.2      Subd. 8.  [NOTICE REGARDING PUBLISHED SUMMARIES.] If a 
 12.3   political subdivision elects to publish a summary of the 
 12.4   political subdivision's financial statement or proceedings as 
 12.5   authorized by other law, it must include with the published 
 12.6   summary a notice stating that a copy of the full version of the 
 12.7   financial statement or proceedings is available without cost at 
 12.8   the offices of the political subdivision or by means of standard 
 12.9   or electronic mail. 
 12.10     Sec. 20.  Minnesota Statutes 2002, section 331A.06, 
 12.11  subdivision 3, is amended to read: 
 12.12     Subd. 3.  When the governing board of a local public 
 12.13  corporation political subdivision awards a contract for the 
 12.14  publication of public notices based on competitive bidding, the 
 12.15  rate established by the competitive bidding shall be the rate 
 12.16  charged for publication of the public notices.  
 12.17     Sec. 21.  Minnesota Statutes 2002, section 331A.06, is 
 12.18  amended by adding a subdivision to read: 
 12.19     Subd. 5.  [MULTIYEAR PUBLICATION CONTRACTS.] A political 
 12.20  subdivision may enter into multiyear contracts with a qualified 
 12.21  newspaper for publication of the political subdivision's public 
 12.22  notices.  No multiyear contract may be for a term longer than 
 12.23  three years. 
 12.24     Sec. 22.  Minnesota Statutes 2002, section 331A.07, is 
 12.25  amended to read: 
 12.26     331A.07 [AFFIDAVIT OF PUBLICATION.] 
 12.27     No compensation shall be recoverable for publishing legal 
 12.28  or official matter in any newspaper not qualified, until there 
 12.29  is filed with the county auditor the affidavit of a person 
 12.30  having knowledge of the facts, showing the name and location of 
 12.31  the newspaper and the existence of conditions constituting its 
 12.32  qualifications as a qualified newspaper as set forth in section 
 12.33  331A.02.  If the matter published relates to proceedings in 
 12.34  another county, a like affidavit must be filed with its 
 12.35  auditor.  The affidavit, if it states the required facts, shall 
 12.36  be prima facie evidence of them and of the qualification.  No 
 13.1   compensation shall be recoverable for publishing legal or 
 13.2   official matter a public notice in any newspaper unless the bill 
 13.3   is accompanied by an affidavit of the publisher of the newspaper 
 13.4   or the publisher's designated agent, having knowledge of the 
 13.5   facts, setting forth the fact stating that the newspaper has 
 13.6   complied with all the requirements to constitute a legal 
 13.7   qualified newspaper.  The affidavit must set forth the dates of 
 13.8   the month and year and the day of the week upon which the legal 
 13.9   or official matter public notice was published in the 
 13.10  newspaper.  The affidavit must also include the publisher's 
 13.11  lowest classified rate paid by commercial users for comparable 
 13.12  space, as determined pursuant to section 331A.06, the maximum 
 13.13  charge allowable by law for the publication of the specific 
 13.14  legal or official matter in question, and the rate actually 
 13.15  charged for that publication. 
 13.16     Sec. 23.  Minnesota Statutes 2002, section 331A.08, is 
 13.17  amended by adding a subdivision to read: 
 13.18     Subd. 3.  [PUBLICATION OF PROCEEDINGS.] If the governing 
 13.19  body of a political subdivision conducts regular meetings not 
 13.20  more than once every 30 days, the governing body need not 
 13.21  publish the meeting minutes in the official newspaper until ten 
 13.22  days after the proceedings have been approved by the governing 
 13.23  body. 
 13.24     Sec. 24.  Minnesota Statutes 2002, section 331A.09, is 
 13.25  amended to read: 
 13.26     331A.09 [PUBLICATION ON SUNDAY OR HOLIDAY.] 
 13.27     Any public notice may lawfully be printed in a newspaper 
 13.28  published on a Sunday, and the publication is a lawful 
 13.29  publication and a full compliance with the order of the court or 
 13.30  officer ordering the publication or holiday.  Any notice that, 
 13.31  by law or the order of any court, is required to be published 
 13.32  for any given number of weeks may be published on any day in 
 13.33  each week or of the term, and if published as many weeks and as 
 13.34  many times in each week as required by the law or order, it is a 
 13.35  lawful publication.  
 13.36     Sec. 25.  Minnesota Statutes 2002, section 331A.10, 
 14.1   subdivision 1, is amended to read: 
 14.2      Subdivision 1.  [CHANGE OF NAME.] When a legal public 
 14.3   notice is required or ordered to be published in a particular 
 14.4   newspaper and the name of the newspaper is changed before the 
 14.5   publication is completed, the publication shall be made or 
 14.6   continued in the newspaper under its new name with the same 
 14.7   effect as if the name had not been changed.  The proof of the 
 14.8   publication, in addition to other requirements, shall state the 
 14.9   change of name and specify the period of publication in the 
 14.10  newspaper under each name.  
 14.11     Sec. 26.  Minnesota Statutes 2002, section 331A.11, 
 14.12  subdivision 1, is amended to read: 
 14.13     Subdivision 1.  [APPLY APPLICATION.] Sections 331A.01 to 
 14.14  331A.11 apply to all municipalities and local public 
 14.15  corporations political subdivisions of the state.  
 14.16     Sec. 27.  Minnesota Statutes 2002, section 331A.11, 
 14.17  subdivision 2, is amended to read: 
 14.18     Subd. 2.  [DO NOT APPLY NOTICES EXCLUDED.] Sections 331A.01 
 14.19  to 331A.11 do not apply to notices required by private 
 14.20  agreements or local laws to be published in newspapers, unless 
 14.21  they refer expressly or by implication to sections 331A.01 to 
 14.22  331A.11, this chapter or to particular provisions of sections 
 14.23  331A.01 to 331A.11 this chapter.  
 14.24     Sec. 28.  Minnesota Statutes 2002, section 375.12, 
 14.25  subdivision 2, is amended to read: 
 14.26     Subd. 2.  [SMALL CLAIMS TOTALED.] Individualized itemized 
 14.27  accounts, claims or demands allowed by the county board pursuant 
 14.28  to section 471.38, subdivision 1, need not be published pursuant 
 14.29  to subdivision 1, if the amount allowed from each claim 
 14.30  is $100 $300 or less.  The official proceedings following the 
 14.31  itemization of accounts required shall contain a statement 
 14.32  showing the total number of claims that did not exceed $100 $300 
 14.33  and their total dollar amount.  
 14.34     Sec. 29.  Minnesota Statutes 2002, section 375.17, 
 14.35  subdivision 1, is amended to read: 
 14.36     Subdivision 1.  [STATEMENT CONTENTS; SUMMARIES.] Annually, 
 15.1   not later than the first Tuesday after the first Monday in 
 15.2   March, the county board shall make a full and accurate statement 
 15.3   of the receipts and expenditures of the preceding year, which 
 15.4   shall contain a statement of the assets and liabilities, a 
 15.5   summary of receipts, disbursements, and balances of all county 
 15.6   funds together with a detailed statement of each fund account, 
 15.7   under the form and style prescribed by and on file with the 
 15.8   state auditor.  The prescribed form and any changes or 
 15.9   modifications of it shall so far as practical be uniform for all 
 15.10  counties and be approved by the attorney general and the state 
 15.11  printer.  Annually the board shall publish the statement or a 
 15.12  summary of the statement in a form as prescribed by the state 
 15.13  auditor, for one issue in a duly qualified legal newspaper in 
 15.14  the county. 
 15.15     Sec. 30.  Minnesota Statutes 2002, section 412.191, 
 15.16  subdivision 3, is amended to read: 
 15.17     Subd. 3.  [PUBLICATION OF PROCEEDINGS.] The council, after 
 15.18  every regular or special meeting, shall publish the official 
 15.19  council proceedings, or a summary conforming to section 331A.01, 
 15.20  subdivision 10, or a condensed version of the official minutes 
 15.21  which shall include action on motions, resolutions, ordinances, 
 15.22  and other official proceedings.  As an alternative to 
 15.23  publication, the city may mail, at city expense, a copy of the 
 15.24  proceedings to any resident upon request.  The publication shall 
 15.25  occur within 30 days of the meeting to which the proceedings 
 15.26  relate.  Cities with a population of less than 1,000 according 
 15.27  to the latest federal census are not required to comply with 
 15.28  this section, but may do so at their discretion.  
 15.29     Sec. 31.  Minnesota Statutes 2002, section 471.698, 
 15.30  subdivision 1, is amended to read: 
 15.31     Subdivision 1.  [ALL OPERATIONS EXCEPT SOME HOSPITALS, 
 15.32  NURSING HOMES.] In any city with a population of less than 2,500 
 15.33  according to the latest federal census, the city clerk or chief 
 15.34  financial officer shall: 
 15.35     (a) Prepare a detailed statement of the financial affairs 
 15.36  of the city including operations of municipal hospitals and 
 16.1   nursing homes, liquor stores, and public utility commissions in 
 16.2   the style and form prescribed by the state auditor, for the 
 16.3   preceding fiscal year showing all money received, with the 
 16.4   sources, and respective amounts thereof; all disbursements for 
 16.5   which orders have been drawn upon the treasurer; the amount of 
 16.6   outstanding and unpaid orders; all accounts payable; all 
 16.7   indebtedness; contingent liabilities; all accounts receivable; 
 16.8   the amount of money remaining in the treasury; and all items 
 16.9   necessary to show accurately the revenues and expenditures and 
 16.10  financial position of the city; 
 16.11     (b) File the statement in the clerk's or financial 
 16.12  officer's office for the public inspection and present it to the 
 16.13  city council within 45 days after the close of the fiscal year; 
 16.14     (c) (1) Publish the statement, or a summary of the 
 16.15  statement in a form as prescribed by the state auditor, within 
 16.16  90 days after the close of the fiscal year in a qualified 
 16.17  newspaper of general circulation in the city; or 
 16.18     (2) If there is no qualified newspaper of general 
 16.19  circulation in the city, the clerk shall, at the direction of 
 16.20  the city council, post copies in three of the most public places 
 16.21  in the city; or 
 16.22     (3) If city council proceedings are published monthly or 
 16.23  quarterly, showing to whom and for what purpose orders are drawn 
 16.24  upon the treasurer, the annual statement to be published as 
 16.25  required by this section may be summarized in such form as the 
 16.26  state auditor may prescribe.  It is not necessary to publish 
 16.27  individual disbursements of less than $100 $300, if 
 16.28  disbursements aggregating $1,000 or more to any person, firm, or 
 16.29  other entity are set forth in a schedule of major disbursements 
 16.30  showing amounts paid out, to whom, and for what purpose, and are 
 16.31  made a part of and published with the financial statement; and 
 16.32     (d) Submit within 90 days after the close of the fiscal 
 16.33  year a copy of the statement to the state auditor in such 
 16.34  summary form as the state auditor may prescribe. 
 16.35     A municipal hospital or nursing home established before 
 16.36  June 6, 1979 whose fiscal year is not a calendar year on August 
 17.1   1, 1980 is not subject to this subdivision but shall submit to 
 17.2   the state auditor a detailed statement of its financial affairs 
 17.3   audited by a certified public accountant, a public accountant or 
 17.4   the state auditor no later than 120 days after the close of its 
 17.5   fiscal year.  It may also submit a summary financial report for 
 17.6   the calendar year. 
 17.7      Sec. 32.  [REPORT ON PUBLIC NOTICE STATUTES.] 
 17.8      The revisor of statutes shall compile a list of all 
 17.9   statutes that require publication of public notices and submit 
 17.10  the report to the chairs of the government operations committees 
 17.11  of the house and senate by January 1, 2006. 
 17.12     Sec. 33.  [REPEALER.] 
 17.13     Minnesota Statutes 2002, sections 331A.01, subdivision 5; 
 17.14  and 331A.02, subdivision 2, are repealed.