as introduced - 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
subdivisionsubdivisions 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. [ELECTRONIC NOTICE.] "Electronic notice" means 2.8 e-mail whether individual or group listing. 2.9 Subd. 3. [FAX.] "Fax" means transmission of a facsimile of 2.10 an original document by telephone, coaxial, or radio frequency 2.11 lines or equipment. 2.12 Subd. 4. [WEB SITE.] "Web site" means a specific, 2.13 addressable location provided on a server connected to the 2.14 Internet and hosting World Wide Web pages and other files that 2.15 are generally accessible on the Internet all or most of a day. 2.16 Sec. 4. [331B.02] [ANNUAL DESIGNATION OF PUBLICATION 2.17 METHODS.] 2.18 At the meeting of the governing body of the local public 2.19 corporation at which the governing body must designate its 2.20 official newspaper for the year, the governing body may 2.21 designate in the same manner one or more of the publication 2.22 methods listed in section 331B.03. The publication methods in 2.23 section 331B.03 may be used in place of or in addition to 2.24 publication under chapter 331A. Each year after designating an 2.25 alternative method of publication under this chapter, the local 2.26 public corporation must publish in a qualified newspaper in the 2.27 jurisdiction and by the designated alternative means of 2.28 publication, the manner in which the local public corporation 2.29 will publish any proceedings or public notices required to be 2.30 published during the year. 2.31 Sec. 5. [331B.03] [PUBLICATION METHODS AUTHORIZED.] 2.32 Subdivision 1. [GOVERNMENT WEB SITE.] A local public 2.33 corporation may publish any proceedings or public notice 2.34 required to be published by posting the same information in 2.35 substantially the same format and for the same period of time as 2.36 required for publication under chapter 331A on the Web site of 3.1 the local public corporation. 3.2 Subd. 2. [FAX.] A local public corporation may publish any 3.3 proceedings or public notice required to be published by faxing 3.4 to all interested or potentially affected persons the 3.5 information in substantially the same format as required for 3.6 publication under chapter 331A. The local government 3.7 corporation must maintain a current list of all persons who want 3.8 to receive faxes under this subdivision. The local government 3.9 corporation must receive confirmation of receipt of a fax sent 3.10 under this subdivision. 3.11 Subd. 3. [ELECTRONIC NOTICE.] A local public corporation 3.12 may publish any proceedings or public notice required to be 3.13 published by electronically notifying all interested or 3.14 potentially affected persons of the information in substantially 3.15 the same format as required for publication under chapter 331A. 3.16 The local government corporation must maintain a current list of 3.17 all persons who want to receive notice under this subdivision. 3.18 Sec. 6. [331B.04] [RECORD RETENTION; AFFIDAVIT OF 3.19 PUBLICATION.] 3.20 Subdivision 1. [RECORD RETENTION.] A local public 3.21 corporation that uses an alternative means of publication under 3.22 this chapter must ensure that a permanent record of publication 3.23 is maintained in a form accessible by the public. 3.24 Subd. 2. [AFFIDAVIT OF PUBLICATION.] The local public 3.25 corporation that uses an alternative means of publication under 3.26 this chapter must provide for an affidavit of publication that 3.27 meets the provisions of section 331A.07. 3.28 Sec. 7. [331B.05] [APPLICATION OF OTHER PROVISIONS OF 3.29 CHAPTER 331A.] 3.30 The provisions of chapter 331A apply to publication by 3.31 local public corporations under this chapter, except as 3.32 otherwise authorized or provided for in this chapter.