SF 3457

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/25/2022 09:49am

A bill for an act
relating to local government; expanding certain requirements regarding qualified
newspapers; amending Minnesota Statutes 2020, sections 331A.01, subdivision
3, by adding subdivisions; 331A.02, subdivisions 1, 3, 5; 331A.04, subdivision 7;
331A.05, subdivision 7; 471.698, subdivision 1; repealing Minnesota Statutes
2020, section 331A.01, subdivision 4.

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

Section 1.

Minnesota Statutes 2020, section 331A.01, subdivision 3, is amended to read:

Subd. 3.

Political subdivision.

"Political subdivision" means a county, municipality,
school district, new text begin home rule charter and statutory city or town, new text end or any other local political
subdivision or local or area district, commission, board, or authority.

Sec. 2.

Minnesota Statutes 2020, section 331A.01, is amended by adding a subdivision to
read:

new text begin Subd. 12. new text end

new text begin Publish. new text end

new text begin "Publish" means dissemination in the print edition of a qualified
newspaper, and in the e-edition of the qualified newspaper if it has one.
new text end

Sec. 3.

Minnesota Statutes 2020, section 331A.01, is amended by adding a subdivision to
read:

new text begin Subd. 13. new text end

new text begin General circulation. new text end

new text begin "General circulation" means that a newspaper distributes
more than a nominal percentage of its total print circulation in a particular geographic area.
new text end

Sec. 4.

Minnesota Statutes 2020, section 331A.01, is amended by adding a subdivision to
read:

new text begin Subd. 14. new text end

new text begin E-edition. new text end

new text begin "E-edition" means a digital facsimile of a newspaper's print edition
that is substantially the same in both format and content as the print edition.
new text end

Sec. 5.

Minnesota Statutes 2020, section 331A.02, subdivision 1, is amended to read:

Subdivision 1.

Qualification.

No newspaper in this state shall be entitled to any
compensation or fee for publishing any public notice unless it is a qualified newspaper. A
newspaper that is not qualified must inform a public body that presents a public notice for
publication that it is not qualified. To be qualified, a newspaper shall:

(a) be printed in the English language in newspaper format and in column and sheet
form equivalent in printed space to at least deleted text begin 1,000 square inches, or deleted text end 800 square inches deleted text begin if the
political subdivision the newspaper purports to serve has a population of under 1,300 and
the newspaper does not receive a public subsidy deleted text end ;

(b) if a daily, be new text begin published and new text end distributed at least five days each week. If not a daily,
the newspaper may be new text begin published and new text end distributed new text begin at least new text end twice a month with respect to the
publishing of government public notices. In any week in which a legal holiday is included,
not more than four issues of a daily paper are necessary;

(c) in at least half of its issues each year, have no more than 75 percent of its printed
space comprised of advertising material and paid public notices. In all of its issues each
year, have 25 percent, if published more often than weekly, or 50 percent, if weekly, of its
news columns devoted to news of local interest deleted text begin to the community which it purports to serve deleted text end .
Not more than 25 percent of its total nonadvertising column inches in any issue may wholly
duplicate any other publication unless the duplicated material is from recognized general
news services;

(d) be deleted text begin circulated in the political subdivision which it purports to serve, and either have
at least 400 copies regularly delivered to paying subscribers, or 250 copies delivered to
paying subscribers if the political subdivision it purports to serve has a population of under
1,300, or have at least 400 copies regularly distributed without charge to local residents, or
250 copies distributed without charge to local residents if the political subdivision it purports
to serve has a population of under 1,300 deleted text end new text begin of general circulation in the area to which a public
notice is directed, or where there is a reasonable likelihood that the person to whom it is
directed will become aware of the notice new text end ;

(e) have its known office of issue deleted text begin established deleted text end new text begin located new text end in either new text begin :
new text end

new text begin (1) new text end the county in which lies, in whole or in part, the political subdivision deleted text begin which the
newspaper purports to serve, deleted text end new text begin that is publishing the public notice; new text end or deleted text begin in
deleted text end

new text begin (2) new text end an adjoining county;

(f) file a copy of each issue deleted text begin immediately deleted text end new text begin promptly new text end with the State Historical Society;

(g) be made available at single or subscription prices to any person or entity requesting
the newspaper and making the applicable payment, or be distributed without charge to local
residents;

(h) have complied with all the foregoing conditions of this subdivision for at least one
year immediately preceding the date of the notice publication;

(i) between September 1 and December 31 of each year publish a sworn United States
Post Office periodicals-class statement of ownership and circulation or a statement of
ownership and circulation verified by a recognized independent circulation auditing agency
covering a period of at least one year ending no earlier than the June 30 preceding the
publication deadline. When publication occurs after December 31 and before July 1,
qualification shall be effective from deleted text begin the date of the filing described in paragraph (j) deleted text end new text begin January
1 new text end through December 31 of that year; and

(j) after publication new text begin of the statement described in paragraph (i) new text end , submit to the secretary
of state by December 31 a filing containing the newspaper's name, address of its known
office of issue, telephone number, and a statement that it has complied with all of the
requirements of this section. The filing must be accompanied by a fee of $25. The secretary
of state shall make available for public inspection a list of newspapers that have filed.
Acceptance of a filing does not constitute a guarantee by the state that any other qualification
has been met.

Sec. 6.

Minnesota Statutes 2020, section 331A.02, subdivision 3, is amended to read:

Subd. 3.

Publication; suspension; changes.

The following circumstances shall not
affect the qualification of a newspaper, invalidate an otherwise valid publication, or invalidate
a designation as official newspaper.

(a) Suspension of publication for a period of not more than three consecutive months
resulting from the destruction of its known office of issue, equipment, or other facility by
the elements, unforeseen accident, or acts of God or by reason of a labor dispute.

(b) The consolidation of one newspaper with another published in the same county new text begin or
in an adjoining county new text end , or a change in its name or ownership, or a temporary change in its
known office of issue.

(c) Change of the day of publication, the frequency of publication, or the change of the
known office of issue from one place to another within the same county new text begin or in an adjoining
county new text end . Except as provided in this subdivision, suspension of publication, or a change of
known office of issue deleted text begin from one county to another deleted text end , or failure to maintain its known office
of issue in the county new text begin or in an adjoining county new text end , shall deprive a newspaper of its standing
as a qualified newspaper until it again becomes qualified pursuant to subdivision 1.

Sec. 7.

Minnesota Statutes 2020, section 331A.02, subdivision 5, is amended to read:

Subd. 5.

Posting notices on website.

If, in the normal course of its business, a qualified
newspaper maintains a website, then as a condition of accepting and publishing public
notices, the newspaper must agree to post all the notices on its website new text begin and on the Minnesota
Newspaper Association's statewide public notice website, new text end at no additional cost new text begin to the
advertiser new text end . The new text begin newspaper's website must include a link to its online public notices section,
the contents of which must be accessible at no cost to the public. Each new text end notice must remain
on the website during the notice's full publication period. Failure to post or maintain a public
notice on the newspaper's website new text begin or to post a public notice on the statewide public notice
website new text end does not affect the validity of the public notice.

Sec. 8.

Minnesota Statutes 2020, section 331A.04, subdivision 7, is amended to read:

Subd. 7.

Joint bidding.

A bid submitted jointly by two or more newspapers for the
publication of public notices must not be considered anticompetitive or otherwise unlawful
if the following conditions are met:

(1) all of the qualified newspapers deleted text begin in the political subdivision deleted text end new text begin eligible for designation new text end
participate in the joint bid;

(2) the existence of the joint bid arrangement is disclosed to the governing body of the
political subdivision before or at the time of submission of the joint bid; and

(3) the deleted text begin board deleted text end new text begin governing body new text end is free to reject the joint bid and, if it does, individual
qualified newspapers do not refuse to submit separate bids owing to the rejection of the
joint bid.

Sec. 9.

Minnesota Statutes 2020, section 331A.05, subdivision 7, is amended to read:

Subd. 7.

Errors in publication.

If through no fault of the political subdivision, an error
occurs in the publication of a public notice, the error shall have no effect on the validity of
the event, action, or proceeding to which the public notice relates. new text begin In cases where the error
is the fault of the newspaper, the political subdivision shall not be charged for the publication.
new text end

Sec. 10.

Minnesota Statutes 2020, section 471.698, subdivision 1, is amended to read:

Subdivision 1.

All operations except some hospitals, nursing homes.

In any city with
a population of less than 2,500 according to the latest federal census, the city clerk or chief
financial officer shall:

(a) prepare a detailed statement of the financial affairs of the city including operations
of municipal hospitals and nursing homes, liquor stores, and public utility commissions in
the style and form prescribed by the state auditor, for the preceding fiscal year showing all
money received, with the sources, and respective amounts thereof; all disbursements for
which orders have been drawn upon the treasurer; the amount of outstanding and unpaid
orders; all accounts payable; all indebtedness; contingent liabilities; all accounts receivable;
the amount of money remaining in the treasury; and all items necessary to show accurately
the revenues and expenditures and financial position of the city;

(b) file the statement in the clerk's or financial officer's office for the public inspection
and present it to the city council within 45 days after the close of the fiscal year;

(c)(1) publish the statement, or a summary of the statement in a form as prescribed by
the state auditor, within 90 days after the close of the fiscal year in a qualified newspaper
of general circulation in the city; or

(2) if there is no qualified newspaper of general circulation in the city, the clerk shall,
at the direction of the city council, post copies in three of the most public places in the city.
It is not necessary to publish individual disbursements of less than deleted text begin $300 deleted text end new text begin $500 new text end , if
disbursements aggregating $1,000 or more to any person, firm, or other entity are set forth
in a schedule of major disbursements showing amounts paid out, to whom, and for what
purpose, and are made a part of and published with the financial statement; and

(d) submit within 90 days after the close of the fiscal year a copy of the statement to the
state auditor in such summary form as the state auditor may prescribe.

A municipal hospital or nursing home established before June 6, 1979, whose fiscal year
is not a calendar year on August 1, 1980, is not subject to this subdivision but shall submit
to the state auditor a detailed statement of its financial affairs audited by a certified public
accountant, a public accountant or the state auditor no later than 120 days after the close of
its fiscal year. It may also submit a summary financial report for the calendar year.

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 331A.01, subdivision 4, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 22-05706

331A.01 DEFINITIONS.

Subd. 4.

Municipality.

"Municipality" means a home rule charter or statutory city or town.