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Minnesota Session Laws - 1984, Regular Session

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1984 

                        CHAPTER 543-S.F.No. 1298
           An act relating to local government; providing 
          procedures for the publication of legal notices; 
          removing various requirements for publication of 
          notices; amending Minnesota Statutes 1982, sections 
          3.21; 48.48, subdivision 1; 88.48, subdivision 2; 
          94.10, subdivision 1; 94.344, subdivision 7; 123.33, 
          subdivision 11; 123.71, subdivision 1;  206.17, 
          subdivision 2; 279.07; 279.08;  300.13, subdivision 4; 
          302A.727, subdivision 1; 306.023, subdivision 2; 
          306.111, subdivision 2; 306.16, subdivision 2; 306.21, 
          subdivision 1; 307.06; 315.25; 326.18; 346.02;  
          370.04; 370.07; 371.04; 372.02; 372.08; 374.13; 
          374.34; 375.025, subdivision 4; 375.12; 375.17; 
          375.51, subdivision 3; 375.52; 383A.27, subdivision 2; 
          412.191, subdivisions 3 and 4; 414.09, subdivision 3; 
          415.021; 429.061, subdivision 2; 430.02, subdivisions 
          3, 7, 11, and 12; 430.04; 430.07, subdivision 5; 
          430.102, subdivision 3; 435.202, subdivision 2; 
          441.04; 462.427, subdivision 3; 465.32; 465.38; 
          471.697, subdivision 1; 471.698, subdivision 1; 
          471.6985; 472.04, subdivision 2; and 484.30; proposing 
          new law coded in Minnesota Statutes, chapters 375 and 
          471; proposing new law coded as Minnesota Statutes, 
          chapter 331A; repealing Minnesota Statutes 1982, 
          sections 55.09; 331.01; 331.02; 331.03; 331.04; 
          331.05; 331.06; 331.07; 331.08; 331.10; 331.11; and 
          441.51. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 3.21, is 
amended to read: 
    3.21 [NOTICE.] 
    At least four months preceding the election, the attorney 
general shall furnish to the secretary of state a statement of 
the purpose and effect of all amendments proposed showing 
clearly the form of the existing sections, and of the same as 
they will read if amended, except that when any section to which 
an amendment is proposed exceeds 150 words in length, the 
statement shall show that part of the section in which a change 
is proposed, both in its existing form and as it will read when 
amended, together with portions of the context as the attorney 
general deems necessary to an understanding of the proposed 
amendment.  In the month of October prior to the election, the 
secretary of state shall give two weeks published notice of the 
statement in all legal qualified newspapers of the state.  The 
secretary of state shall furnish the statement to the newspapers 
in reproducible form approved by the secretary of state, set in 
7-1/2 point type on an eight point body.  The maximum rate for 
publication shall be 17 cents per standard line in 1979 and 18 
cents per standard line thereafter as provided in section 25 for 
the two publications.  If any newspaper shall refuse the 
publication of the amendments, this refusal and failure of the 
publication shall have no effect on the validity of the 
amendments.  The secretary of state shall also forward to each 
county auditor copies of the statement, in poster form, in 
quantities sufficient to supply each election district of his 
county with two copies thereof.  The auditor shall cause two 
copies to be conspicuously posted at or near each polling place 
on election day.  Wilful or negligent failure by any official 
named to perform any duty imposed upon him by this section shall 
be deemed a misdemeanor.  
     Sec. 2.  Minnesota Statutes 1982, section 48.48, 
subdivision 1, is amended to read:  
    Subdivision 1.  [SUBMISSION AND PUBLICATION.] At least four 
times in each year, and at any other time when so requested by 
the commissioner, every bank or trust company shall, within 30 
days of the date of notice, make and transmit to the 
commissioner, in a form he prescribes, a report, verified by its 
president or vice-president and by its cashier or treasurer, and 
attested by at least two of its directors, stating in detail, 
under appropriate heads, as required by the commissioner, its 
assets and liabilities at the close of business on the day 
specified in the request.  The commissioner may accept a report 
made to a federal authority having supervision of banks or trust 
companies in fulfilling this requirement.  This statement shall 
be published once at the expense of the bank or trust company in 
a newspaper serving the municipality or town in which the bank 
or trust company is located.  The newspaper shall be published 
in the county in which the bank or trust company is located or 
in an adjoining county.  Proof of publication shall be filed 
with the commissioner immediately after publication of the 
report.  For the purposes of this subdivision a newspaper serves 
a municipality or town if it meets the qualifications of section 
331.02, subdivision 1, clause (4).  
    Sec. 3.  Minnesota Statutes 1982, section 88.48, 
subdivision 2, is amended to read: 
    Subd. 2.  [NOTICE.] The county auditor shall, upon receipt 
of the application and prior to the meeting of the county board 
at which it is presented, publish once in the official newspaper 
of the county notice of the presentation at the expense of the 
applicant and mail a copy of the notice to the clerk of the town 
in which lies the land therein described.  
    Sec. 4.  Minnesota Statutes 1982, section 94.10, 
subdivision 1, is amended to read: 
    Subdivision 1.  Before offering any surplus state owned 
lands for sale, the commissioner of administration may survey 
such lands, and if the value thereof is estimated to be $20,000 
or less, may have such lands appraised.  He shall have the lands 
appraised if the estimated value is in excess of $20,000.  The 
appraisal shall be made by not less than three appraisers, at 
least two of whom shall be residents of the county in which the 
lands are situated.  Each appraiser shall before entering upon 
the duties of his office take and subscribe an oath that he will 
faithfully and impartially discharge his duties as appraiser 
according to the best of his ability and that he is not 
interested directly or indirectly in any of the lands to be 
appraised or the timber or improvements thereon or in the 
purchase thereof and has entered into no agreement or 
combination to purchase the same or any part thereof, which oath 
shall be attached to the report of such appraisal.  Before 
offering such surplus state owned lands for public sale, such 
lands shall first be offered to the city, county, town, school 
district, or other public body corporate or politic in which the 
lands are situated for public purposes and they may be sold for 
such public purposes for not less than the appraised value 
thereof.  To determine whether a public body desires to purchase 
the surplus land, the commissioner of administration shall 
publish notice describing the land on the same day of at least 
two successive weeks in a newspaper of general circulation in 
the county in which the land is located;  however, the 
commissioner shall give a written notice to the governing body 
of each political subdivision whose jurisdictional boundaries 
include or are adjacent to the surplus land.  If a public body 
desires to purchase the surplus land it shall submit a written 
offer to the commissioner not later than two weeks after the 
last published receipt of notice setting forth in detail its 
reasons for desiring to acquire and its intended use of the 
land.  In the event that more than one public body tenders an 
offer, the commissioner shall determine which party shall 
receive the property, and he shall submit written findings 
regarding his decision.  If lands are offered for sale for such 
public purposes, and if a public body notifies the commissioner 
of administration of its desire to acquire such lands, the 
public body may have not to exceed two years from the date of 
the accepted offer to commence payment for the lands in the 
manner provided by law. 
    Sec. 5.  Minnesota Statutes 1982, section 94.344, 
subdivision 7, is amended to read: 
    Subd. 7.  Before giving final approval to any exchange of 
Class B land, the county board shall hold a public hearing 
thereon.  At least two weeks before the hearing the county 
auditor shall post in his office a notice thereof, containing a 
description of the lands affected, and shall cause a copy of the 
notice to be published in the newspaper designated for 
publication of the official proceedings of the county board.  
    Sec. 6.  Minnesota Statutes 1982, section 123.33, 
subdivision 11, is amended to read: 
    Subd. 11.  The board shall cause its official proceedings 
to be published once in the official newspaper of the district.  
Such publication shall be made within 30 days of the meeting at 
which such proceedings occurred.  If the board determines that 
publication of a summary of the proceedings would adequately 
inform the public of the substance of the proceedings, the board 
may direct that only a summary be published, conforming to the 
requirements of section 20, subdivision 10.  
    Sec. 7.  Minnesota Statutes 1982, section 123.71, 
subdivision 1, is amended to read: 
    Subdivision 1.  Every school board shall, no later than 
September 1 publish the revenue and expenditure budgets 
submitted to the commissioner of education in accordance with 
section 121.908, subdivision 4, for the current year and the 
actual revenues, expenditures, fund balances for the prior year 
and projected fund balances for the current year in a form 
prescribed by the state board of education after consultation 
with the advisory council on uniform financial accounting and 
reporting standards.  The forms prescribed shall be designed so 
that year to year comparisons of revenue, expenditures and fund 
balances can be made.  These budgets, reports of revenue, 
expenditures and fund balances shall be published in a newspaper 
of general circulation and holding a U. S. Post Office 
Department second class mailing permit or a legal newspaper 
located in the district, or if there be no such newspaper within 
the district then in the legal newspaper outside the district 
which has a general circulation in the district qualified 
newspaper of general circulation in the district. 
    Sec. 8.  Minnesota Statutes 1982, section 206.17, 
subdivision 2, is amended to read: 
    Subd. 2.  Where electronic voting systems are used, within 
five days prior to the election day, the election officer in 
charge shall have the automatic tabulating equipment tested to 
ascertain that the equipment will correctly count the votes cast 
for all offices and on all measures.  Public notice of the time 
and place of the test shall be given at least two days prior 
thereto by publication once in official newspapers.  The test 
shall be observed by at least two election judges, who shall not 
be of the same major political party, and shall be open to 
representatives of the major political parties, candidates, the 
press and the public.  The test shall be conducted by processing 
a preaudited group of ballots so punched or marked as to record 
a predetermined number of valid votes for each candidate and on 
each measure, and shall include for each office one or more 
ballots which have votes in excess of the number allowed by law 
in order to test the ability of the automatic tabulating 
equipment to reject such votes.  If any error is detected, the 
cause therefor shall be ascertained and corrected and an 
errorless count shall be made before the automatic tabulating 
equipment is approved.  The test shall be repeated immediately 
before the start of the official count of the ballots, in the 
same manner as set forth above.  After the completion of the 
count, the programs used and ballots shall be sealed, retained, 
and disposed of as provided for paper ballots. 
    Sec. 9.  Minnesota Statutes 1982, section 279.07, is 
amended to read:  
    279.07 [PUBLICATION, BIDS.] 
    Prior to the day on which the county board designates a 
newspaper for the publication of the notice and list, any 
publisher or proprietor of a legal newspaper, as defined by law, 
may file with the county auditor an offer to publish such notice 
and list in such paper, stating the rate at which he will make 
such publication, which shall not exceed the amounts provided 
for in section 331.08.  The board may in its discretion receive 
offers presented to it at any time prior to the time when 
designation is made.  
    Sec. 10.  Minnesota Statutes 1982, section 279.08, is 
amended to read: 
    279.08 [NEWSPAPER, DESIGNATION.] 
    At their annual meeting in January, and prior to the 
designation, the county board shall open, examine, and consider 
all offers for publication filed or presented as provided in 
section 279.07, and shall thereupon award the publication of the 
notice and list to the publisher or proprietor of the newspaper 
whose offer is found to be the lowest, and does not exceed the 
amounts provided for in section 331.08.  The board may reject 
any offer, if in its judgment the public interest so requires, 
and thereupon designate a newspaper without regard to any 
rejected offer.  In counties now or hereafter having a 
population of 450,000 or more, the board shall designate a daily 
newspaper of general circulation throughout such county.  If no 
such daily newspaper submits a bid at the rate herein provided, 
the board may designate a weekly newspaper of general 
circulation throughout the county.  In any county in which there 
is no legal newspaper, the board shall designate any such 
newspaper printed in the judicial district in which the county 
is situated, and circulating in the county.  Every such 
designation shall be by resolution, which shall be substantially 
in the following form: 
    "Resolved, that .......... (here state the name of the 
newspaper) is hereby designated by the county board of the 
county of .............  as the newspaper in which the notice 
and list of the real estate remaining delinquent on the first 
Monday of January, 19......., shall be published."  
    A copy of the resolution certified by the auditor shall be 
filed with the clerk of the district court.  If, for any reason, 
the board fails to designate a newspaper, or the proprietor of 
the newspaper fails to give the required bond, the auditor shall 
thereupon designate the same in writing and immediately file 
such writing in his office and a certified copy thereof with 
such clerk.  
    Sec. 11.  Minnesota Statutes 1982, section 300.13, 
subdivision 4, is amended to read: 
    Subd. 4.  [RESOLUTION TO ENLARGE, EFFECT.] Except in the 
case of a nonprofit cooperative association, or a religious 
corporation formed under Minnesota Statutes 1949, Chapter 315, 
the resolution to enlarge the period of corporate existence does 
not become effective until a duly certified copy of the 
resolution has been filed, and recorded, and published in the 
same manner as its original articles or certificate of 
incorporation.  A nonprofit cooperative association and a 
religious corporation formed under Minnesota Statutes 1949, 
Chapter 315, need not publish the resolution.  
    Sec. 12.  Minnesota Statutes 1982, section 302A.727, 
subdivision 1, is amended to read:  
    Subdivision 1.  [WHEN PERMITTED; HOW GIVEN.] When a notice 
of intent to dissolve has been filed with the secretary of 
state, the corporation may give notice of the filing to each 
known creditor of and claimant against the corporation at the 
last known address of each known present, future, or contingent 
creditor and claimant.  The corporation may give published 
notice to known creditors or claimants whose address is unknown 
and to unknown present, future, or contingent creditors and 
claimants, by publishing the notice once each week for four 
successive weeks in a legal newspaper as defined in section 
331.02 in the county or counties where the registered office and 
the principal executive office of the corporation are located.  
    Sec. 13.  Minnesota Statutes 1982, section 306.023, 
subdivision 2, is amended to read: 
    Subd. 2.  To accomplish such transfer, the board of 
trustees of such cemetery association shall adopt a resolution 
to that effect by an unanimous vote of the board of trustees, 
and thereupon the chairman or president of the board of trustees 
and the secretary shall be authorized to execute the proper 
instruments and a deed in the name of the association to 
evidence the transfer; provided, however, that such transfer 
must first have been authorized by a majority vote of all 
members of the association, present and voting, at any regular 
meeting or at any special meeting called for that purpose, 
written notice of which meeting shall have been given by 
publication, for three successive weeks, once each week, in a 
daily or weekly newspaper published in the county where such 
cemetery is situated, subscribed by the chairman, president, or 
secretary of the board of trustees, and to the members 
specifying the time, place and purpose of such meeting.  
    In the event said association shall be an unincorporated 
association, a deed executed in the name of such association by 
the chairman or president and the secretary or treasurer of the 
board of trustees shall be deemed a valid conveyance of the 
lands of the association.  
    Sec. 14.  Minnesota Statutes 1982, section 306.111, 
subdivision 2, is amended to read: 
    Subd. 2.  Any three or more lot owners in such cemetery may 
issue a mail notice signed by them to all the lot owners known 
to them or whose addresses appear in the cemetery records that a 
meeting of the lot owners will be held not less than 14 days 
after the mailing at a time and place to be fixed by them and 
designated in the notice, in the county wherein the cemetery is 
situated, for the purpose of filling the vacancies among the 
associates.  Such notice shall be published at least twice in a 
legal newspaper published in the county where the meeting is to 
be held, and the time of the meeting shall be not less than ten 
days after the second publication thereof.  
    Sec. 15.  Minnesota Statutes 1982, section 306.16, 
subdivision 2, is amended to read: 
    Subd. 2.  If the owner of such cemetery lot be a resident 
of the county wherein such cemetery is located, then such The 
association or any municipally-owned cemetery may cause to be 
served upon such owner the owner of the lot, in the manner 
prescribed by law for the service of a summons in a civil 
action, a notice specifying the amount unpaid for lot care upon 
such lot, and specifying a time within which the same must be 
paid to the secretary of such association or the proper officer 
of the municipally-owned cemetery, which time shall not be less 
than 30 days from the date of the service of the notice, and 
further specifying that, upon the failure of the owner of the 
lot to pay the amount specified in the notice within the time of 
aforesaid, the association or municipally-owned cemetery will 
take the necessary steps to reinvest itself with the title to 
the portion of such cemetery lot not actually used for burial 
purposes.  Upon the failure of the owner of the lot to pay the 
amount within the time specified in the notice, the board of 
trustees of any such cemetery may, by resolution duly adopted at 
any regular meeting of the board of trustees, set forth the 
failure to pay the charges for lot care, the service of the 
notice prescribed herein, and declare such portion of the lot 
unused for burial purposes, describing the same by metes and 
bounds in such resolution, to be the property of the association 
or such municipally-owned cemetery.  
    Sec. 16.  Minnesota Statutes 1982, section 306.21, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LOTS CONVEYED AND ABANDONED.] In all cases 
where a duly incorporated association has owned a site for a 
cemetery for more than 40 years and has during that period sold 
lots and parcels for burial purposes, and has, conveyed cemetery 
lots or parcels by deed of conveyance with or without 
restrictions contained therein and the grantee therein, or 
parties claiming through such grantee, (a) for more than 75 
years in counties having a population over 50,000 according to 
the 1960 federal decennial census, and 50 years in all other 
counties, have not used portions of such lots or parcels for the 
purposes of burial and during said time have not made provision 
for care of said lots beyond that provided uniformly to all lots 
within the cemetery, and during said time have not given to said 
corporation a written notice of claim or interest in such lots 
or parcels, or (b) have not used portions of such lots or 
parcels for the purposes of burial and have not kept such lots 
or plots free of weeds or brush but have allowed the same to 
remain entirely unimproved for more than 20 years, and such lots 
or parcels are situate in such portion of the cemetery that they 
adjoin or are adjacent to improved parts of such cemetery and by 
reason of their unimproved condition detract from the appearance 
of such cemetery and interfere with its harmonious improvement 
and furnish a place for the propagation of growth of weeds and 
brush, such corporation may, by resolution of its governing 
board, demand of such owners or holders (a) that they file with 
the corporation a written notice of claim or interest in and to 
said lots or parcels supported by satisfactory evidence thereof 
within 60 days after the service of a copy of such resolution of 
demand, or (b) that they keep the premises clear of weeds and in 
a condition in harmony with other plots adjoining, and serve a 
copy of such resolution upon such party or parties, if they can 
be found in such county, and if the sheriff of the county make 
return upon such resolution that such parties, or any of them, 
cannot be found in this county, then the resolution may be 
served upon the parties so absent from the county by publication 
thereof for three successive weeks in a legal newspaper 
published in the county and mailing a copy thereof within 14 
days after the third publication to the last known address of 
each such party as the same appears on the records of the 
corporation in the same manner as a complaint in a civil action. 
    Sec. 17.  Minnesota Statutes 1982, section 307.06, is 
amended to read: 
    307.06 [TRANSFER TO ASSOCIATION; HOW EFFECTED.] 
    Any private cemetery established, platted, and recorded 
under the laws of this state may consolidate with and transfer 
its property, for cemetery purposes only, to any cemetery 
association or corporation organized under the laws of this 
state which is contiguous to, or adjacent to, such cemetery 
corporation.  
    To so consolidate and transfer its property it shall be 
necessary: 
    (1) that a resolution be passed by a two-thirds vote of the 
lot owners and members of such private cemetery, represented, 
present, and voting at a special meeting called for that 
purpose, which resolution shall recite with what cemetery 
corporation or association it is proposed to consolidate with 
and transfer its property to, and the terms and conditions 
thereof; and 30 days' notice of such meeting shall be previously 
given by mail to each lot owner of such private cemetery whose 
address can be determined using reasonable diligence of the time 
and place when such meeting is to be held, reciting the purpose 
thereof, which notice shall be signed by at least five lot 
owners, and shall be served by publication, by publishing for 
three successive weeks, once in each week, in some daily or 
weekly newspaper published in the county where such private 
cemetery is situated; and 
    (2) that the resolution shall be signed and acknowledged by 
the presiding officer and secretary of such meeting and shall be 
filed with the county recorder of the county in which the 
private cemetery is situated. 
    Sec. 18.  Minnesota Statutes 1982, section 315.25, is 
amended to read: 
    315.25 [ANNUAL MEETING, NOTICE OF, PLACE.] 
    Any such corporation, the membership of which in part 
resides in other states, may hold its annual meetings at such 
points outside the state as it may, from time to time, designate 
at a previous annual meeting, or it may authorize its president 
to designate such place.  At least three months before the time 
of such annual meeting notice of such time and place shall be 
given by publication in the recognized organ of such 
corporation, if it has one; otherwise, by publication in at 
least two papers of general circulation published at the capital 
of the state other notice appropriate to inform the membership.  
    Sec. 19.  Minnesota Statutes 1982, section 326.18, is 
amended to read: 
    326.18 [BOARD, DUTIES, OFFICERS, EXAMINATIONS.] 
    A majority of the board constitutes a quorum.  The board 
shall elect one of its number as chairman, another as 
vice-chairman, and another as secretary and treasurer, who shall 
hold their respective offices for a term of one year and until 
their successors are elected.  The affirmative vote of a 
majority of members of the board is considered the action of the 
board.  The board shall enforce the standard of general 
education; the standard of special education in the science and 
art of accounting; the standard of good character and general 
public experience, as prescribed in sections 326.165 to 326.23, 
in all examinations conducted thereunder.  The board shall make 
rules for the conduct of applicants' examinations and the 
character and scope of the examinations, the method and time of 
filing applications for examinations and their form and 
contents, and all other rules and regulations proper to carry 
into effect the purposes of sections 326.165 to 326.23.  The 
board may make use of all or any part of the uniform certified 
public accountant examination and advisory grading service 
provided by the American Institute of Certified Public 
Accountants if it deems it appropriate to assist it in 
performing its duties.  These examinations shall be conducted by 
the board of accountancy.  The time and place of holding 
examinations shall be advertised for not less than three 
consecutive days in one daily newspaper published in each of the 
counties where the examinations are to be held, and not less 
than 60 days prior to the date of each examination.  The 
examinations shall take place as often as may be convenient in 
the opinion of the board.  The board may make rules necessary to 
implement and enforce sections 326.165 to 326.23, and 214.12, 
including but not limited to rules of professional conduct, 
pertaining to individuals, partnerships and corporations 
practicing public accounting which it deems consistent with or 
required by the public welfare and rules of continuing education 
to be met by persons licensed under sections 326.165 to 326.23. 
    The board shall keep records of its proceedings, an 
accurate list of all applications made, licenses and 
certificates issued, and licenses and certificates revoked, and 
shall keep proper financial records in which there shall be 
entered a complete statement of the cash receipts and 
disbursements.  The board shall issue to each person who 
satisfies the examination requirements of section 326.19, 
subdivision 1, a certified public accountant certificate and 
shall maintain a record of that issuance.  The board shall issue 
a license as a certified public accountant to each holder of a 
certified accountant certificate who satisfies the experience 
requirements for a license as a certified public accountant or 
to a person who has been issued a certified public accountant 
certificate under section 326.19, subdivision 3.  The board 
shall maintain a record of the issuance.  It shall adopt and 
provide itself with a seal with a band inscribed "Certified 
Public Accountant, State of Minnesota," with the coat of arms of 
Minnesota in the center, which seal shall be affixed to each 
certificate of certified public accountant issued under sections 
326.17 to 326.23.  The board shall issue to each person who 
qualifies for a license under sections 326.17 to 326.23 as a 
licensed public accountant a certificate as a licensed public 
accountant and shall maintain a record of that issuance.  It 
shall adopt and provide itself with a seal with a band inscribed 
"Licensed Public Accountant, State of Minnesota," with the coat 
of arms of Minnesota in the center, which seal shall be affixed 
to each certificate of the licensed public accountant, issued 
under sections 326.17 to 326.23.  All records of the board shall 
be open to the inspection of the public at the office of its 
secretary. 
    Sec. 20.  [331A.01] [DEFINITIONS.] 
    Subdivision 1.  As used in sections 20 to 30, the terms 
defined have the meanings given them except as otherwise 
expressly provided or indicated by the context.  
    Subd. 2.  "Known office of issue" means the principal 
office maintained by the publisher or managing officer during a 
newspaper's regular business hours to gather news and sell 
advertisements and subscriptions, whether or not printing or any 
other operations of the newspaper are conducted at or from the 
office, and devoted primarily to business related to the 
newspaper.  A newspaper may have only one known office of issue. 
    Subd. 3.  "Local public corporation" means a county, 
municipality, school district, or any other local political 
subdivision or local or area district, commission, board, or 
authority.  
    Subd. 4.  "Municipality" means a home rule charter or 
statutory city or town.  
    Subd. 5.  "Newspaper" means a publication issued regularly 
by the same person, corporation, or his or its successor, 
whether the name of the publication is the same or different.  
    Subd. 6.  "Proceedings" means the substance of all official 
actions taken by the governing body of a local public 
corporation at any regular or special meeting, and at minimum 
includes the subject matter of a motion, the persons making and 
seconding a motion, the roll call vote on a motion, the 
character of resolutions or ordinances offered, including a 
brief description of their subject matter, and whether defeated 
or adopted.  
    Subd. 7.  "Public notice" means every notice required or 
authorized by law or by order of a court to be published by a 
qualified newspaper, and includes:  
    (a) every publication of laws, ordinances, resolutions, 
financial information, and proceedings intended to give notice 
in a particular area;  
    (b) every notice and certificate of election, facsimile 
ballot, notice of referendum, notice of public hearing before a 
governmental body, and notice of meetings of private and public 
bodies required by law; and 
    (c) every summons, order, citation, notice of sale or other 
notice which is intended to inform a person that he may or shall 
do an act or exercise a right within a designated period or upon 
or by a designated date.  
    (d) this subdivision contains no independent requirement 
for the publication of any public notice.  
    Subd. 8.  "Qualified newspaper" means a newspaper which 
complies with all of the provisions of section 21.  The 
following terms, when found in laws referring to the publication 
of a public notice, shall be taken to mean a qualified 
newspaper:  "qualified legal newspaper,"  "legal newspaper," 
"official newspaper," "newspaper," and "medium of official and 
legal publication."  
    Subd. 9.  "Secondary office" means an office established by 
a newspaper in a community other than that in which its known 
office of issue is located, in the same or an adjoining county, 
to enhance its coverage of and service to that community, open 
on a regular basis to gather news and sell advertisements and 
subscriptions, whether or not printing or any other operations 
of the newspaper are conducted at or from the office, and 
devoted primarily to business related to the newspaper.  
    Subd. 10.  "Summary" means an accurate and intelligible 
abstract or synopsis of the essential elements of proceedings, 
ordinances, resolutions, and other official actions.  It shall 
be written in a clear and coherent manner, and shall, to the 
extent possible, avoid the use of technical or legal terms not 
generally familiar to the public.  When a summary is published, 
the publication shall clearly indicate that the published 
material is only a summary and that the full text is available 
for public inspection at a designated location.  A summary 
published in conformity with this section shall be deemed to 
fulfill all legal publication requirements as completely as if 
the entire matter which was summarized had been published.  No 
liability shall be asserted against the local public corporation 
in connection with the publication of a summary or agenda.  
    Sec.  21.  [331A.02] [REQUIREMENTS FOR A QUALIFIED 
NEWSPAPER.] 
    Subdivision 1.  [QUALIFICATION.] No newspaper in this state 
shall be entitled to any compensation or fee for publishing any 
public notice unless it is qualified as a medium of official and 
legal publication.  To be qualified as a medium of official and 
legal publication, 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 1,000 square inches;  
    (b) If a daily, be distributed at least five days each 
week, or if not a daily, be distributed at least once each week, 
for 50 weeks each year.  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 to the community which it purports to serve.  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 circulated in the local public corporation which it 
purports to serve, have at least 500 copies regularly delivered 
to paying subscribers and either have entry as second class 
matter in its local post office or have at least 500 copies 
regularly distributed without charge to local residents;  
    (e) Have its known office of issue established in either 
the county in which lies, in whole or in part, the local public 
corporation which the newspaper purports to serve, or in an 
adjoining county;  
    (f) File a copy of each issue immediately with the state 
historical society;  
    (g) Be made available at single or subscription prices to 
any person, corporation, partnership, or other unincorporated 
association 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) The newspaper must before January 1 of each year 
publish and submit to the secretary of state a sworn United 
States Post Office second-class statement of ownership and 
circulation or a statement of ownership and circulation verified 
by a recognized independent circulation auditing agency.  
    Subd. 2.  [EARLIER QUALIFICATION.] Newspapers which have 
been qualified, on May 20, 1965, as mediums of official and 
legal publication shall remain qualified only if they meet the 
requirements of subdivision 1, except as follows:  
    (a) If on May 20, 1965, any newspaper is a qualified medium 
of official and legal publication but is printed in a foreign 
language, or in English and a foreign language, and otherwise 
qualifies as a medium of official and legal publication pursuant 
to the requirements of subdivision 1, it shall be a medium of 
official and legal publication so long as it otherwise qualifies 
pursuant to the requirements of subdivision 1.  
    (b) If on May 20, 1965, any newspaper has been circulated 
in and near the municipality which it purports to serve to the 
extent of at least 240 but less than 500 copies regularly 
delivered to paying subscribers and otherwise qualifies as a 
medium of official and legal publication pursuant to the 
requirements of subdivision 1, it shall be a medium of official 
and legal publication so long as at least 240 copies are 
regularly so circulated and delivered and it otherwise qualifies 
pursuant to the requirements of subdivision 1.  
     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 for publication of county 
board proceedings. 
     (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, 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.  Except as provided in 
this subdivision, suspension of publication, or a change of 
known office of issue from one county to another, or failure to 
maintain its known office of issue in the county, shall deprive 
a newspaper of its standing as a medium of official and legal 
publication until the newspaper again becomes qualified pursuant 
to subdivision 1.  
    Subd. 4.  [DECLARATORY JUDGMENT OF LEGALITY.] Any person 
interested in the standing as a medium of official and legal 
publication of a newspaper, may petition the district court in 
the county in which the newspaper has its known office of issue 
for a declaratory judgment whether the newspaper is qualified as 
a medium of official and legal publication.  Unless filed by the 
publisher, the petition and summons shall be served on the 
publisher as in other civil actions.  Service in other cases 
shall be made by publication of the petition and summons once 
each week for three successive weeks in the newspaper or 
newspapers the court may order and upon the persons as the court 
may direct.  Publications made in a newspaper after a judgment 
that it is qualified but before the judgment is vacated or set 
aside shall be valid.  Except as provided in this subdivision, 
the uniform declaratory judgments act and the rules of civil 
procedure shall apply to the action.  
    Sec. 22.  [331A.03] [WHERE NOTICE PUBLISHED.] 
    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 municipality 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. 23.  [331A.04] [DESIGNATION OF A NEWSPAPER FOR 
OFFICIAL PUBLICATIONS.] 
     Subdivision 1.  The governing body of any local public 
corporation, when authorized or required by statute or charter 
to designate a newspaper for publication of its official 
proceedings and public notices, shall designate a newspaper 
which is a qualified medium of official and legal publication in 
the following priority. 
     Subd. 2.  If there are one or more qualified newspapers, 
the known office of issue of which are located within the local 
public corporation, one of them shall be designated. 
     Subd. 3.  When no qualified newspaper has a known office of 
issue located in the local public corporation, but one or more 
qualified newspapers maintain a secondary office there, one of 
them shall be designated. 
     Subd. 4.  When no qualified newspaper has its known office 
of issue or a secondary office located within the local public 
corporation, then a qualified newspaper of general circulation 
there shall be designated. 
     Subd. 5.  If a local public corporation is without an 
official newspaper, or if the publisher refuses to publish a 
particular public notice, matters required to be published shall 
be published in a newspaper designated as provided in 
subdivision 4.  The governing body of a local public corporation 
with territory in two or more counties may, if deemed in the 
public interest, designate a separate qualified newspaper for 
each county.  
    Sec. 24.  [331A.05] [FORM OF PUBLIC NOTICES.] 
    Subdivision 1.  All public notices shall be printed or 
otherwise disseminated in the English language.  
    Subd. 2.  Unless otherwise specified by a particular 
statute, or by order of a court, publication of a public notice 
shall be as follows:  
    (a) the notice shall be published once;  
    (b) if the notice is intended to inform the public about a 
future event, the last publication shall occur not more than 14 
days and not less than seven days before the event;  
    (c) if the notice is intended to inform the public about a 
past action or event, the last publication shall occur not more 
than 45 days after occurrence of the action or event.  
    Subd. 3.  Except as otherwise directed by a particular 
statute requiring publication of a public notice, a public 
notice shall be printed in a type face no smaller than six point 
with a lower case alphabet of 90 point.  Larger type faces may 
be used.  
    Subd. 4.  Every public notice shall include a title or 
caption in a body type no smaller than brevier or eight point 
referring to the content of the notice.  Larger type faces may 
be used.  
    Subd. 5.  The governing body of a local public corporation 
may, to better inform the public, increase the frequency of 
publication of a public notice beyond the minimum required by a 
particular statute.  It may use forms and styles for the notice 
as it deems appropriate, including the use of display 
advertisements and graphics.  It may publish or disseminate the 
notice in other newspapers in addition to the newspaper required 
to be designated under section 23.  Regardless of whether a 
particular statute specifies "legal notice," "public notice," 
"notice," or uses similar terms, the governing body may use 
whatever form for the published notice that it deems appropriate 
in order to adequately inform the public, subject to the 
requirements of sections 20 to 30.  Nothing in the foregoing 
provisions of this subdivision shall require the governing body 
of a local public corporation to use the options described.  
    Subd. 6.  Nothing in this section shall invalidate or 
affect any statutory or charter provision imposing additional or 
special qualifications for publication of particular notices or 
proceedings.  
    Sec. 25.  [331A.06] [FEES FOR PUBLICATION.] 
    Subdivision 1.  The maximum rate charged for publication of 
a public notice shall not exceed the lowest classified rate paid 
by commercial users for comparable space in the newspapers in 
which the public notice appears, and shall include all cash 
discounts, multiple insertion discounts, and similar benefits 
extended to the newspaper's regular customers.  
    Subd. 2.  Notwithstanding subdivision 1, no newspaper may 
increase its rates for publication of public notices by more 
than ten percent per year over the maximum rate actually charged 
by the newspaper in 1984 for publication of public notices, and 
in any case the new rate shall not exceed the rate described in 
subdivision 1 of this section.  Nothing in this section shall be 
interpreted to mean that such an increase is required.  
    Subd. 3.  When the governing board of a local public 
corporation awards a contract for the publication of public 
notices based on competitive bidding, the rate established by 
the competitive bidding shall be the rate charged for 
publication of the public notices.  
    Subd. 4.  When a statute refers to publication of a public 
notice at the legal rate or at the rate provided in section 
331.08, the maximum rate shall be as provided in this section.  
    Sec. 26.  [331A.07] [AFFIDAVIT OF PUBLICATION.] 
    No compensation shall be recoverable for publishing legal 
or official matter in any newspaper not qualified, until there 
is filed with the county auditor the affidavit of a person 
having knowledge of the facts, showing the name and location of 
the newspaper and the existence of conditions constituting its 
qualifications as a qualified newspaper as set forth in section 
21.  If the matter published relates to proceedings in another 
county, a like affidavit must be filed with its auditor.  The 
affidavit, if it states the required facts, shall be prima facie 
evidence of them and of the qualification.  No compensation 
shall be recoverable for publishing legal or official matter in 
any newspaper unless the bill is accompanied by an affidavit of 
the publisher, or printer in charge, of the newspaper having 
knowledge of the facts, setting forth the fact that the 
newspaper has complied with all the requirements to consititute 
a legal newspaper.  The affidavit must set forth the dates of 
the month and year and the day of the week upon which the legal 
or official matter was published in the newspaper.  The 
affidavit must also include the publisher's lowest classified 
rate paid by commercial users for comparable space, as 
determined pursuant to section 25, the maximum charge allowable 
by law for the publication of the specific legal or official 
matter in question, and the rate actually charged for that 
publication.  
    Sec. 27.  [331A.08] [COMPUTATION OF TIME.] 
    Subdivision 1.  The time for publication of public notices 
shall be computed to exclude the first day of publication and 
include the day on which the act or event, of which notice is 
given, is to happen or which completes the full period required 
for publication.  
    Subd. 2.  The time within which an act is to be done or 
proceeding had or taken, as prescribed by the rules of 
procedure, shall be computed by excluding the first day and 
including the last.  If the last day is Sunday or a legal 
holiday the party shall have the next secular day in which to do 
the act or take the proceeding.  
    Sec. 28.  [331A.09] [PUBLICATION ON SUNDAY.] 
    Any public notice may be printed in a newspaper published 
on Sunday, and the publication is a lawful publication and a 
full compliance with the order of the court or officer ordering 
the publication.  Any notice that, by law or the order of any 
court, is required to be published for any given number of weeks 
may be published on any day in each week or the term, and if 
published as many weeks and as many times in each week as 
required by the law or order, it is a lawful publication.  
    Sec. 29.  [331A.10] [CHANGE OF NAME OR DISCONTINUANCE OF 
NEWSPAPER.] 
    Subdivision 1.  When a legal notice is required or ordered 
to be published in a particular newspaper and the name of the 
newspaper is changed before the publication is completed, the 
publication shall be made or continued in the newspaper under 
its new name with the same effect as if the name had not been 
changed.  The proof of the publication, in addition to other 
requirements, shall state the change of name and specify the 
period of publication in the newspaper under each name.  
    Subd. 2.  When a newspaper ceases to be published before 
the publication of a public notice is commenced, or when 
commenced ceases before the publication is completed, the order 
for publication, when one is required in the first instance, may 
be amended by order of the court or judge, to designate another 
newspaper, as may be necessary.  If no order is required in the 
first instance, publication may be made or completed in any 
other qualified newspaper.  Any time during which the notice is 
published in the first newspaper shall be calculated as a part 
of the time required for the publication, proof of which may be 
made by affidavit of any person acquainted with the facts.  
    Sec. 30.  [331A.11] [APPLICATION.] 
    Subdivision 1.  Sections 20 to 30 apply to all 
municipalities and local public corporations.  
    Subd. 2.  Sections 20 to 30 do not apply to notices 
required by private agreements or local laws to be published in 
newspapers, unless they refer to sections 20 to 30, or 
particular provisions of sections 20 to 30.  
    Sec. 31.  Minnesota Statutes 1982, section 346.02, is 
amended to read: 
    346.02 [FINDER TO GIVE NOTICE; PENALTY.] 
    Every finder of an estray, within seven days thereafter, 
shall notify the owner thereof, if to him known, and request him 
to pay all reasonable charges and take such estray away; but, if 
such owner be to him unknown, he shall within ten days file a 
notice with the town clerk.  The clerk shall transmit a copy 
thereof to the county recorder, who shall record the same in a 
book designated "estray book."  If the estray is of less value 
than $5, The finder shall give posted notice thereof of the 
finding of the estray in said town, but, if the value exceeds 
$5, he shall give four weeks' published notice thereof.  The 
notice shall briefly describe the estray, giving its marks, 
natural and artificial, as nearly as practicable, naming the 
residence of the finder, and specifying the town, section, and 
time when taken up.  For failure to give such notice, the finder 
shall be liable to the owner of the estray in double the amount 
of damages sustained by him thereby. 
    Sec. 32.  Minnesota Statutes 1982, section 370.04, is 
amended to read: 
    370.04 [RECORD PETITION; PUBLISH NOTICE.] 
    Upon issuance of the proclamation, the secretary of state 
shall record the petitions, affidavits, and proclamation, and 
shall cause three weeks' published notice of the proclamation to 
be given at the county-seat of each county whose territory will 
be affected by the proposed change, and shall also transmit a 
certified copy of the proclamation, by mail, to the auditor of 
each county.  
    Sec. 33.  Minnesota Statutes 1982, section 370.07, is 
amended to read: 
    370.07 [CANVASS; PROCLAMATION; SECRETARY OF STATE; AUDITOR; 
NOTICE TO COUNTY COMMISSIONERS.] 
    The state canvassing board shall canvass such returns at 
the time of canvassing the votes cast for state officers, and in 
the same manner; and it may resort to the returns received from 
the election judges for the correction of errors in the returns 
of the county canvassing board, and for supplying omissions 
therein.  When the canvass is completed, the board shall make 
and file with the secretary of state its certificate declaring 
the result of the vote; and, if the certificate shows that the 
proposition has received a majority of the votes cast thereon in 
each county to be affected thereby, and also has received a 
majority of the votes cast thereon in the territory forming the 
proposed new county, if the proposition was for the 
establishment of a new county, the governor, within ten days 
thereafter, shall issue his proclamation declaring the same 
adopted.  The secretary of state shall record the certificate 
and proclamation in his office, and transmit a certified copy of 
the proclamation to the auditor of each county whose territory 
is affected thereby.  The auditor shall cause three weeks' 
published notice thereof to be given, and, if the proposition 
was for the establishment of a new county, shall serve a 
certified copy thereof on each of the persons elected as county 
commissioners of the new county.  The proclamation shall also be 
published with the general laws enacted at the next session of 
the legislature thereafter.  
    Sec. 34.  Minnesota Statutes 1982, section 371.04, is 
amended to read: 
    371.04 [NOTICE OF PROCLAMATION.] 
    Upon the issuing of the proclamation the secretary of state 
shall record the petitions, affidavits, and proclamation, and 
shall cause three weeks' published notice of the proclamation to 
be given in the county-seat of each county affected thereby, and 
shall transmit a certified copy of the proclamation, by mail, to 
the auditor of each county.  
    Sec. 35.  Minnesota Statutes 1982, section 372.02, is 
amended to read: 
    372.02 [FORM OF NOTICE.] 
    When the order is filed the auditor shall forthwith make, 
seal, subscribe, and file in his office a notice substantially 
in the following form:  "To the legal voters of the county of 
(here name the county), Minnesota:  Notice is hereby given that 
a petition is on file in my office, signed by legal voters of 
the county to the number of (here state number as shown by the 
petition and affidavits), praying that the county-seat of the 
county be changed to (here designate the place), and that a 
special meeting of the county board will be held at (name the 
place of meeting), on the (state time), to consider the 
petition, at which time and place any legal voter of the county 
may appear, in person or by counsel, and be heard."  The auditor 
shall cause two weeks' published notice of the meeting to be 
given in all the newspapers of the county and ten days' posted 
notice thereof of the meeting to be given in each town therein.  
Proof of publication and posting may be by the affidavit of any 
person having personal knowledge thereof, which affidavit shall 
be filed in the office of the auditor, and thereafter be prima 
facie evidence of the truth of the facts therein set forth.  Two 
weeks' published posted notice of the intention to circulate 
such petition shall be given in one or more newspapers of the 
county, and two weeks' posted notice of such intention shall be 
given at the county-seat.  Proof of the publication and posting 
shall be made in like manner as in the case of notice of the 
special meeting of the board.  
    Sec. 36.  Minnesota Statutes 1982, section 372.08, is 
amended to read: 
    372.08 [CANVASS; CERTIFICATE OF CANVASSING BOARD.] 
    When the canvass is completed the canvassing board shall 
forthwith make, subscribe, and file with the auditor a 
certificate setting forth the total number of votes cast at the 
election, the number cast in each election district in favor of 
and against the change, and the majority in each for or against 
the same, the number cast in favor of and against the change in 
the county, and the majority therein for or against the same.  
If 55 percent of all the votes cast at the election shall be in 
favor of the change, the board shall give two weeks' published 
notice of the result in all the newspapers of the county.  The 
notice shall state that from and after a date specified therein, 
which shall be set a date not less than 60 nor more than 90 days 
after the election, after which the place so chosen shall be the 
county-seat.  
    Sec. 37.  Minnesota Statutes 1982, section 374.13, is 
amended to read: 
    374.13 [TO ADVERTISE FOR BIDS.] 
    Upon the completion of such plans and specifications and 
their approval or adoption by the city council and the board of 
county commissioners, the commission shall proceed to advertise 
for, after notice appropriate to inform possible bidders, obtain 
bids or proposals for all or any portion of the work or 
materials, or both, to be done, performed, or furnished in the 
construction of the building.  The advertisement for bids or 
proposals shall be published in the official newspaper of such 
city, if there be one, and, if not, in any newspaper published 
in such county to be selected by the commission, and may be 
published in such other newspapers or publications, either 
within or without the state, as the commission may deem 
advisable, and shall be published for such length of time as the 
commission may determine.  All bids or proposals shall be sealed 
by the bidders or proposers and shall be filed with the 
commission at or before the time specified in such advertising 
for the opening of bids or proposals.  At the time and place 
specified in the advertisement for the opening of bids or 
proposals, the commission shall meet, open the bids or 
proposals, and tabulate the same, and shall thereupon award the 
contract or contracts to the responsible bidder whose bid or 
proposal is the most favorable to the city or county, or reject 
all bids and proposals.  In the event all bids or proposals are 
rejected, the commission may readvertise for, after similar 
notice, obtain more bids or proposals or may modify or change 
the plans and specifications and submit such modified plans and 
specifications to the city council and the board of county 
commissioners for approval, and when such modified or changed 
plans and specifications are satisfactory to both the city 
council and the board of county commissioners, the plans and 
specifications shall be returned to the commission and the 
commission shall proceed to again advertise for, after similar 
notice, obtain bids or proposals in the manner hereinbefore 
provided.  Any such contract awarded by the commission shall be 
subject to approval by the city council and the board of county 
commissioners.  
    Sec. 38.  Minnesota Statutes 1982, section 374.34, is 
amended to read: 
    374.34 [ADVERTISEMENT FOR BIDS.] 
    Upon the completion of such plans and specifications and 
their approval or adoption by the commission, the commission 
shall proceed to advertise for, after notice appropriate to 
inform possible bidders, obtain bids or proposals for all or any 
portion of the work or materials, or both, to be done, performed 
or furnished in the construction of the building.  The 
advertisement for bids or proposals shall be published in the 
official newspaper of such city, if there be one, and in the 
official newspaper of such county, and may be published in such 
other newspapers or publications, either within or without the 
state, as the commission may deem advisable, and shall be 
published for such length of time as the commission may 
determine.  All bids or proposals shall be sealed by the bidders 
or proposers and shall be filed with the commission at or before 
the time specified in such advertising for the opening of bids 
or proposals, at which time the commission shall meet, open the 
bids or proposals and tabulate the same, and shall thereupon 
award the contract or contracts to the responsible bidder whose 
bid or proposal is the most favorable, or reject all bids and 
proposals.  In the event all bids or proposals are rejected, the 
commission may re-advertise for, after similar notice, obtain 
more bids or proposals or may modify or change the 
specifications, and shall proceed to again advertise for, after 
similar notice, otain more bids or proposals in the manner 
hereinbefore provided.  
    Sec. 39.  Minnesota Statutes 1982, section 375.025, 
subdivision 4, is amended to read: 
    Subd. 4.  [REDISTRICTING PLAN; ELECTION FOLLOWING 
REDISTRICTING.] A redistricting plan whether prepared by the 
county board or the redistricting commission shall be filed in 
the office of the county auditor.  Notice that the plan is on 
file shall be published in the newspaper having the contract for 
publishing the commissioners' proceedings for the current year.  
A redistricting plan shall be effective on the 31st day after 
publication of the notice filing unless a later effective date 
is specified; provided, no redistricting plan shall be effective 
as to the next election of county commissioners unless the plan 
shall have been filed with the county auditor not less than 30 
days before the first date candidates may file for the office of 
county commissioner.  One commissioner shall be elected in each 
district who, at the time of the election, shall be a resident 
thereof and the person so elected shall be entitled to hold the 
office only while he remains a resident of the commissioner 
district.  The county board or the redistricting commission as 
appropriate shall determine the number of members of the county 
board who shall be elected for two year terms and for four year 
terms in order to provide for staggered terms on the county 
board.  Thereafter, all commissioners shall be elected for four 
years.  When a county is redistricted, there shall be a new 
election of commissioners in all the districts of the county at 
the next general election except that where the change made in 
the boundaries of a district is less than 10 percent of the 
average of all districts of the county, the commissioner in 
office at the time of the redistricting shall serve for the full 
period for which he was elected.  
    Sec. 40.  Minnesota Statutes 1982, section 375.12, is 
amended to read: 
    375.12 [PUBLICATION OF PROCEEDINGS.] 
    Subdivision 1.  The county board shall cause the official 
proceedings of its sessions to be published in some a qualified 
newspaper produced and published in its of general circulation 
in the county, which publication shall be let annually by 
contract to the lowest bidder, at the first regular session of 
the board in January each year.  The board may elect to publish 
all or any part of the official proceedings; provided that in 
the case of partial publication, the published proceedings shall 
indicate in what respect they are incomplete If the county board 
determines that publication of a summary of the proceedings 
would adequately inform the public of the substance of the 
proceedings, the county board may direct that only a summary be 
published, conforming to the requirements of section 20, 
subdivision 10.  In each county whose population exceeds 
600,000, the proceedings shall be published in a daily 
newspaper.  The board may reject any offer if, in its judgment, 
the public interests so require, and may thereupon designate a 
newspaper without regard to any rejected offer.  In any county 
whose population exceeds 50,000, and is less than 250,000, the 
proceedings may be published in one daily and one weekly 
newspaper at their respective county seats.  If the official 
newspaper of the county shall cease to exist for any reason, 
except by consolidation with another newspaper, the county board 
shall have authority to designate another newspaper for the 
remainder of the year.  For the purpose of this section, a 
newspaper is produced and published in the county if it has in 
the county its known office of issue, as such term is defined in 
section 331.02, and if it does its typographic composition or 
presswork or both in the county.  The publication shall occur 
within 30 days of the meeting to which the proceedings relate.  
    Subd. 2.  Individualized itemized accounts, claims or 
demands allowed by the county board pursuant to section 471.38, 
subdivision 1, need not be published pursuant to subdivision 1, 
provided that the amount allowed from each claim is $100 or 
less.  The official proceedings following the itemization of 
accounts required shall contain a statement showing the total 
number of claims that did not exceed $100, and the total dollar 
amount of those claims.  
    Sec. 41.  [375.169] [PUBLICATION OF SUMMARY BUDGET 
STATEMENT.] 
    Annually, upon adoption of the county budget, the county 
board shall cause a summary budget statement to be published in 
the official newspaper of the county, or if there is none, in a 
qualified newspaper of general circulation in the county.  The 
statement shall contain information relating to anticipated 
revenues and expenditures in a form prescribed by the state 
auditor.  The form prescribed shall be designed so that 
comparisons can be made between the current year and the budget 
year.  A note shall be included that the complete budget is 
available for public inspection at a designated location within 
the county.  
    Sec. 42.  Minnesota Statutes 1982, section 375.17, is 
amended to read: 
    375.17 [PUBLICATION OF FINANCIAL STATEMENTS.] 
    Annually, not later than the first Tuesday after the first 
Monday in March, the county board shall make a full and accurate 
statement of the receipts and expenditures of the preceding 
year, which shall contain a statement of the assets and 
liabilities, a summary of receipts, disbursements, and balances 
of all county funds together with a detailed statement of each 
fund account, under the form and style prescribed by and on file 
with the state auditor, which prescribed form and any changes or 
modifications thereof shall so far as practical be uniform for 
all counties and shall be approved by the attorney general and 
the state printer and within 30 days thereafter before June 1 
shall cause the same to be published for one issue in some 
newspaper within the county, which newspaper must be a duly 
qualified legal newspaper, as provided by law.  The county board 
may also refrain from publishing an itemized account of amounts 
paid out, to whom and for what purpose to the extent that the 
published proceedings of the county board contain such 
information, provided that all disbursements aggregating $5,000 
or more to any person 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.  The county board may refrain from 
publishing the names and amounts of salaries and expenses paid 
to employees but shall publish the totals of disbursements for 
salaries and expenses.  The county board may refrain from 
publishing the names of persons receiving poor relief or direct 
relief and the amounts paid to each, but the totals of the 
disbursements for such purposes must be published.  In addition 
to the publication thereof in the newspaper designated by the 
board as the official newspaper for publication of the financial 
statement, the same shall be published in one other newspaper of 
the county, if there be one located of general circulation in a 
different municipality in the county than the official 
newspaper.  The county board shall call for separate bids for 
each publication.  Insofar as any provision of this section is 
inconsistent with the provisions of section 393.07, the 
provisions of that section shall prevail. 
    Sec. 43.  Minnesota Statutes 1982, section 375.51, 
subdivision 3, is amended to read: 
    Subd. 3.  [PUBLICATION.] Every ordinance enacted by a 
county board shall be published at least once as part of the 
proceedings of the meeting at which the ordinance was enacted.  
Publication shall be made in the official newspaper of the 
county but additional publications, either in the official 
newspaper or other newspaper, may be ordered.  An ordinance may 
be published in its entirety, or otherwise as hereinafter 
provided.  
    To the extent of the authority described in subdivision 1 
of this section, a county may incorporate in an ordinance by 
reference any statute of Minnesota, any administrative rule or 
regulation of any department of the state of Minnesota affecting 
the county, or any code.  The term "code" as used herein means 
any compilation of regulations or standards or parts thereof 
prepared by any governmental agency or any trade or professional 
association for general distribution in printed form as a 
standard or model on the subject of building construction, 
plumbing, electric wiring, inflammable liquids, sanitary 
provisions, public health, safety, or general welfare.  
    In the case of lengthy ordinances, or ordinances which 
include charts or maps, the ordinance need not be published in 
its entirety if the title of the ordinance and a summary of the 
ordinance conforming to section 20, subdivision 10, is included 
in the publication of the proceedings of the meeting at which 
the ordinance was enacted, with notice that a printed copy of 
the ordinance is available for inspection by any person during 
regular office hours at the office of the county auditor.  In 
such case and in the case a statute, administrative rule or 
regulation or a code is adopted by reference, all requirements 
of statute for the publication of ordinances shall be satisfied 
if the summary of the ordinance or the ordinance incorporating 
the statute, regulation, ordinance or code is published in the 
required manner and if, prior to such publication, at least one 
copy of the entire ordinance or of the statute, rule, regulation 
or code are marked as the official copy and filed for use and 
examination by the public in the office of the county auditor.  
Provisions of the entire ordinance or of the statute, rule, 
regulation or code thus incorporated in such ordinance by 
reference shall be as much a part of the ordinance as if they 
had been set out in full therein.  
    Sec. 44.  Minnesota Statutes 1982, section 375.52, is 
amended to read: 
    375.52 [REVISION AND CODIFICATION.] 
    Any county may revise and codify and print in book, 
pamphlet or newspaper form any general and special laws, 
ordinances, resolutions and rules in force in the county.  Such 
codification shall be a sufficient publication of any ordinance 
included in it and not previously published in a newspaper if a 
substantial quantity of the codification is printed for general 
distribution to the public.  A notice that copies of the 
codification are available in the office of the county auditor 
shall be published in the official county newspaper for at least 
two successive weeks.  The county board is authorized to make a 
reasonable charge for the cost of printing and distribution of 
ordinances or a codification of ordinances.  
    Sec. 45.  Minnesota Statutes 1982, section 383A.27, 
subdivision 2, is amended to read:  
    Subd. 2.  [RULES; JOURNAL.] The board shall determine its 
own rules and order of business and shall provide for keeping a 
journal of its official proceedings.  This journal shall be a 
public record and shall be published according to Minnesota 
Statutes, Section 375.12, in a newspaper having in the county 
its own office of issue, as this term is defined in Minnesota 
Statutes, Section 331.02, and doing its typographic composition 
and presswork in the county.  
    Sec. 46.  Minnesota Statutes 1982, section 412.191, 
subdivision 3, is amended to read: 
    Subd. 3.  [PUBLICATION OF COUNCIL PROCEEDINGS.] The council 
may publish all or any part of the official council proceedings 
in the official newspaper.  In the case of partial publication, 
the published proceedings shall indicate in what respects they 
are incomplete after every regular or special meeting shall 
publish the official council proceedings, a summary conforming 
to section 20, subdivision 10, or a condensed version of the 
official minutes which shall include action on motions, 
resolutions, ordinances, and other official proceedings.  As an 
alternative to publication, the city may mail, at city expense, 
a copy of the proceedings to any resident upon request.  The 
publication shall occur within 30 days of the meeting to which 
the proceedings relate.  Cities with a population of less than 
1,000 according to the latest federal census are not required to 
comply with this section, but may do so at their discretion.  
    Sec. 47.  Minnesota Statutes 1982, section 412.191, 
subdivision 4, is amended to read: 
    Subd. 4.  [ENACTMENT OF ORDINANCES.] Every ordinance shall 
be enacted by a majority vote of all the members of the council 
except where a larger number is required by law.  It shall be 
signed by the mayor, attested by the clerk and published once in 
the official newspaper.  In the case of lengthy ordinances, or 
ordinances which include charts or maps, if the city council 
determines that publication of the title and a summary of an 
ordinance would clearly inform the public of the intent and 
effect of the ordinance, the council may by a four-fifths vote 
of its members direct that only the title of the ordinance and a 
summary be published, conforming to section 20, subdivision 10, 
with notice that a printed copy of the ordinance is available 
for inspection by any person during regular office hours at the 
office of the city clerk and any other location which the 
council designates.  A copy of the entire text of the ordinance 
shall be posted in the community library, if there is one, or if 
not, in any other public location which the council designates.  
Prior to the publication of the title and summary the council 
shall approve the text of the summary and determine that it 
clearly informs the public of the intent and effect of the 
ordinance.  The publishing of the title and summary shall be 
deemed to fulfill all legal publication requirements as 
completely as if the entire ordinance had been published.  The 
text of the summary shall be published in a body type no smaller 
than brevier or eight-point type, as defined in section 331.07.  
Proof of the publication shall be attached to and filed with the 
ordinance.  
     Every ordinance shall be recorded in the ordinance book 
within 20 days after publication of the ordinance or its title 
and summary.  All ordinances shall be suitably entitled and 
shall be substantially in the style. "The City Council of 
............... ordains:". 
    Sec. 48.  Minnesota Statutes 1982, section 414.09, 
subdivision 3, is amended to read: 
    Subd. 3.  [ELECTIONS OF MUNICIPAL OFFICERS.] An order 
approving an incorporation or consolidation pursuant to this 
chapter shall set a date for this election of new municipal 
officers not less than 45 days nor more than 60 days after the 
issuance of such order.  The board shall appoint an acting clerk 
for election purposes, at least three election judges who shall 
be residents of the new municipality, and shall designate 
polling places within the new municipality. 
    The acting clerk shall prepare the official election 
ballot.  Affidavits of candidacy may be filed by any person 
eligible to hold municipal office not more than four weeks nor 
less than two weeks before the date designated by the board for 
the election.  At least one week before the first day to file 
such affidavits the acting clerk shall publish a notice in a 
newspaper qualified as a medium of official publication and of 
general circulation within the new municipality stating the 
first and last dates on which such affidavits may be filed, the 
location of the clerk's office, the clerk's office hours, and 
the amount of the filing fee.  
    The acting clerk shall publish a notice of election in a 
newspaper qualified as a medium of official publication and of 
general circulation within the new municipality for two 
successive weeks immediately prior to the date designated by the 
board for the election.  The election notice shall state the 
purpose, date, and polling places for the election, and shall 
state the time the polls shall be open, which time shall be at 
least five hours.  
    The election shall be conducted in conformity with the 
charter and the laws for conducting municipal elections insofar 
as applicable.  Any person eligible to vote at a township or 
municipal election within the area of the new municipality, is 
eligible to vote at such election. 
    Any excess in the expense of conducting the election over 
receipts from filing fees shall be a charge against the new 
municipality; any excess of receipts shall be deposited in the 
treasury of the new municipality. 
    Sec. 49.  Minnesota Statutes 1982, section 415.021, is 
amended to read: 
    415.021 [CODIFICATION OF ORDINANCES.] 
    Any city, however organized, may revise and codify and 
print in book, pamphlet or newspaper form, any ordinances, 
resolutions, and rules of the city and may include therein for 
reference any applicable general or special laws.  Such 
codification shall be a sufficient publication of any ordinance 
included in it and not previously published in a newspaper if a 
substantial quantity of the codification is printed for general 
distribution to the public.  A notice that copies of the 
codification are available at the office of the city clerk or 
recorder shall be published for at least two successive weeks in 
the official newspaper, or, if there is none, in a newspaper of 
general circulation in the city.  
    Sec. 50.  Minnesota Statutes 1982, section 429.061, 
subdivision 2, is amended to read: 
    Subd. 2.  [ADOPTION; INTEREST.] At such meeting or at any 
adjournment thereof the council shall hear and pass upon all 
objections to the proposed assessment, whether presented orally 
or in writing.  The council may amend the proposed assessment as 
to any parcel and by resolution adopt the same as the special 
assessment against the lands named in the assessment roll.  
Notice of any adjournment of the hearing shall be adequate if 
the minutes of the meeting so adjourned show the time and place 
when and where the hearing is to be continued, or if three days 
notice thereof be published in the newspaper. 
    The council may consider any objection to the amount of a 
proposed assessment as to a specific parcel of land at an 
adjourned hearing upon further notice to the affected property 
owner as it deems advisable.  At the adjourned hearing the 
council or a committee of it may hear further written or oral 
testimony on behalf of the objecting property owner and may 
consider further written or oral testimony from appropriate city 
officials and other witnesses as to the amount of the 
assessment.  The council or committee shall prepare a record of 
the proceedings at the adjourned hearing and written findings as 
to the amount of the assessment.  The amount of the assessment 
as finally determined by the council shall become a part of the 
adopted assessment roll.  All objections to the assessments not 
received at the assessment hearing in the manner prescribed by 
this section are waived, unless the failure to object at the 
assessment hearing is due to a reasonable cause.  
             The assessment, with accruing interest, shall be a lien 
upon all private and public property included therein, from the 
date of the resolution adopting the assessment, concurrent with 
general taxes; but the lien shall not be enforceable against 
public property as long as it is publicly owned, and during such 
period the assessment shall be recoverable from the owner of 
such property only in the manner and to the extent provided in 
section 435.19.  Except as provided below, all assessments shall 
be payable in equal annual installments extending over such 
period, not exceeding 30 years, as the resolution determines, 
payable on the first Monday in January in each year, but the 
number of installments need not be uniform for all assessments 
included in a single assessment roll if a uniform criterion for 
determining the number of installments is provided by the 
resolution.  The first installment of each assessment shall be 
included in the first tax rolls completed after its adoption and 
shall be payable in the same year as the taxes contained therein;
except that the payment of the first installment of any 
assessment levied upon unimproved property may be deferred until 
a designated future year, or until the platting of the property 
or the construction of improvements thereon, upon such terms and 
conditions and based upon such standards and criteria as may be 
provided by resolution of the council.  If special assessments 
against the property have been deferred pursuant to this 
subdivision, the governmental unit shall file with the county 
recorder in the county in which the property is located a 
certificate containing the legal description of the affected 
property and of the amount deferred.  In any event, every 
assessment the payment of which is so deferred, when it becomes 
payable, shall be divided into a number of installments such 
that the last installment thereof will be payable not more than 
30 years after the levy of the assessment.  All assessments 
shall bear interest at such rate as the resolution determines, 
not exceeding eight percent per annum, except that the rate may 
in any event equal the average annual interest rate on bonds 
issued to finance the improvement for which the assessments are 
levied.  To the first installment of each assessment shall be 
added interest on the entire assessment from a date specified in 
the resolution levying the assessment, not earlier than the date 
of the resolution, until December 31 of the year in which the 
first installment is payable, and to each subsequent installment 
shall be added interest for one year on all unpaid installments; 
or alternatively, any assessment may be made payable in equal 
annual installments including principal and interest, each in 
the amount annually required to pay the principal over such 
period with interest at such rate as the resolution determines, 
not exceeding the maximum period and rate specified above.  In 
the latter event no prepayment shall be accepted under 
subdivision 3 without payment of all installments due to and 
including December 31 of the year of prepayment, together with 
the original principal amount reduced only by the amounts of 
principal included in such installments, computed on an annual 
amortization basis.  When payment of an assessment is deferred, 
as authorized in this subdivision, interest thereon for the 
period of deferment may be made payable annually at the same 
times as the principal installments of the assessment would have 
been payable if not deferred; or interest for this period may be 
added to the principal amount of the assessment when it becomes 
payable; or, if so provided in the resolution levying the 
assessment, interest thereon to December 31 of the year before 
the first installment is payable may be forgiven. 
    Sec. 51.  Minnesota Statutes 1982, section 430.02, 
subdivision 3, is amended to read: 
    Subd. 3.  [NOTICE OF HEARING; HEARING; AWARD AND 
APPRAISEMENT.] The commissioners shall give notice, by two 
publications in the official newspaper of the city in a manner 
appropriate to inform the public, that the survey and plat and 
the pedestrian mall ordinance, if any, is on file in the office 
of the city clerk for the examination of all persons interested 
and that they will, on a day designated in this notice, which 
shall be at least ten days after the first publication of the 
notice, meet at a place designated in the notice on or near the 
proposed improvement, and view the property proposed to be taken 
or interfered with for the purposes of these improvements, and 
ascertain and award therefor compensation and damages, and view 
the premises to be benefited by this improvement, and assess 
thereon in proportion to benefits, the amount necessary to pay 
the compensation and damage and the cost of making the 
improvement and that they will then and there hear such 
allegations and proofs as interested persons may offer.  These 
commissioners shall meet and view the premises pursuant to the 
notice, and may adjourn, from time to time, and, after having 
viewed the premises, may, for the hearing of evidence and 
preparation of their award and assessment, adjourn or go to any 
other convenient place in the city, and may have the aid and 
advice of the city engineer and of any other officer of the 
city, and adjourn from time to time.  If a pedestrian mall 
ordinance is proposed by the council under section 430.011, in 
connection with an improvement, the commissioners may consider 
the business uses of abutting property affected by such 
ordinance and by the improvement to which it relates and the 
probable effect which the ordinance and improvement will have on 
the value of such property and such uses and shall consider 
whether such property has access to some other street or alley 
for delivering and receiving merchandise and materials and the 
extent to which the use and value of property without such 
access will suffer as a result of the adoption of such ordinance 
and the making of such improvement.  After viewing the premises 
and hearing the evidence offered, these commissioners shall 
prepare and make a true and impartial appraisement and award of 
the compensation and damages to be paid to each person whose 
property is to be taken or injured by the making of the 
improvement; but if the remainder of the same property, a part 
of which only is to be taken or damaged by the improvement, 
shall be benefited by the improvement, then the commissioners, 
in considering and awarding compensation and damages, shall also 
consider, estimate, and offset the benefits which will accrue to 
the same owner, in respect to the remainder of the same 
property, and award him only the excess of the compensation or 
damages over and above these benefits.  
    Sec. 52.  Minnesota Statutes 1982, section 430.02, 
subdivision 7, is amended to read: 
    Subd. 7.  [PUBLICATION OF NOTICE OF HEARING.] The 
commissioners shall, upon the completion of their report, file 
the same with the city clerk and thereupon it shall be the duty 
of the city clerk to give notice to all interested parties by 
publishing, as soon as possible, in the official newspaper of 
the city a notice containing prepare a list of descriptions of 
the several lots and parcels of land taken for these proposed 
improvements, the amount awarded for the taking of each lot or 
parcel, the names of the owner or owners of the same, 
descriptions of the several lots or parcels of land upon which 
benefits have been assessed, the amount assessed against each 
lot or parcel and the names of the owner or owners of the same 
the names of all owners referred to herein to be obtained from 
the commissioners, and, so far as may be necessary, from the 
records in the office of the county treasurer.  If a pedestrian 
mall ordinance is proposed to be adopted in connection with the 
improvement under section 430.011, a copy of the proposed 
ordinance shall be published with the notice and the notice 
shall refer to the ordinance and shall state that any and all 
objections to the adoption of the ordinance will be heard and 
considered The clerk shall give notice of the proceedings 
appropriate to inform the owners of the proposed action.  The 
published notice shall also designate and fix a place and time, 
not earlier than three weeks from date of publication of the 
same, at which a committee therein designated by the board of 
park commissioners or of the council will meet to hear and 
consider, from or on the part of the owner or owners of the 
several lots or parcels of land taken for the proposed 
improvement and of the several lots or parcels of land upon 
which benefits have been assessed, any and all objections to the 
making of the improvement, to the amount of damages awarded for 
the taking of or interference with the property involved, to the 
amount of the assessment for benefits to any property affected 
by the proceedings, and any and all claims of irregularities in 
the proceedings of the city council, board of park 
commissioners, or the commissioners so appointed by either 
thereof.  
    Sec. 53.  Minnesota Statutes 1982, section 430.02, 
subdivision 11, is amended to read: 
    Subd. 11.  [COMMITTEE REPORT.] Within ten days from the 
conclusion of the hearing or hearings the committee shall file 
with the city clerk its report and recommendation on the matter 
so submitted, and upon such filing the city clerk shall give 
notice that this report and recommendation has been filed and 
that the same, together with the report of the commissioners, 
will be considered by the city council at a meeting thereof to 
be designated in the notice, which notice shall be published in 
the official newspapers of the city once a week for two 
consecutive weeks, the last publication thereof being at least 
two weeks before the meeting of the city council given in a 
manner appropriate to inform the persons affected and the public.
    Sec. 54.  Minnesota Statutes 1982, section 430.02, 
subdivision 12, is amended to read: 
    Subd. 12.  [ACTION BY COUNCIL.] The city council, upon the 
day fixed for the consideration of the reports and 
recommendation or at any subsequent meeting to which the same 
may stand over or be referred, may, by resolution, annul and 
abandon the proceedings, or may confirm the awards and 
assessments or any or either thereof, or annul the same, or send 
the same back to the commissioners for further consideration; 
and the commissioners may, in such case, again meet at a time 
and place to be designated in a notice which shall be published 
by the city clerk once in the official newspaper of the city, 
copies of which to be similarly mailed by the city clerk to all 
interested persons, at least two weeks prior to the meeting, and 
hear any further evidence that may be adduced by interested 
persons, and may adjourn from time to time, and may correct any 
mistakes in the award and assessment and alter and revise the 
same as they may deem just, and again report the same to the 
city council, who may thereupon confirm or annul the same.  If 
it shall desire to confirm the awards and assessments, the city 
council shall then give its final reading to and vote on the 
adoption of any pedestrian mall ordinance proposed in connection 
with the improvement pursuant to section 430.011, and if it 
shall be amended or shall fail of adoption for lack of a 
sufficient majority of votes or otherwise, any improvement 
instituted in connection with such proposed ordinance shall 
either be abandoned or the awards and assessments shall be 
returned to the commissioners for further consideration.  
    Sec. 55.  Minnesota Statutes 1982, section 430.04, is 
amended to read: 
     430.04 [AWARDS; HOW PAID; ASSESSMENTS.] 
    When any award of damages made to appellants upon any 
appeal to the district court shall exceed the amount of the 
award appealed from, and when any assessment of benefits made in 
respect to any appellant upon appeal shall be less than the 
amount of the assessment of benefits appealed from, the amount 
of this increase in the amount of the award of damages and the 
amount of this decrease in the assessment of benefits may be 
paid by the city from the permanent improvement fund or any fund 
of the city available therefor, or the city council may cause 
the same to be assessed upon and against any property benefited 
by the proposed improvements in addition and without prejudice 
to prior assessments made thereon in the proceedings, and may 
refer the matter to the commissioners theretofore appointed by 
the council in the proceeding or to new commissioners to be 
appointed by the city council.  These commissioners, whether new 
or old, shall have the same qualifications as required of 
commissioners appointed by section 430.02 and shall take oath to 
faithfully discharge their duties as commissioners and give 
notice of the time and place when and where they will meet to 
hear persons interested and assess the amounts of the increase 
of awards of damages and decrease of assessments of benefits 
upon the land and property, theretofore assessed for these 
benefits, or assess benefits on lots or parcels of land not 
theretofore assessed for benefits in the proceeding.  The 
notice, as to the owners of the lots or parcels of land entitled 
to increase of awards upon any appeal, and as to the owners of 
any lots or parcels of land to be then assessed for benefits 
that were not so assessed in the original proceeding by the 
commissioners, shall be given by these commissioners by 
depositing the same in the post office of the city, postage 
postpaid, directed to each of the persons at his last known 
place of residence, if known to the commissioners, otherwise as 
obtained from the office of the county treasurer; provided that 
the failure of any owner to receive this notice shall not in any 
wise operate to invalidate any of the proceedings covered by 
this chapter.  The commissioners shall meet, at the time and 
place so designated in their notice, hear all persons 
interested, and assess the amount of the increased awards of 
damages and decreased assessments of benefits, or new and 
original assessments of benefits, upon the property benefited by 
the proposed improvements, in proportion to the benefits, but in 
no case shall the amount of this assessment exceed the actual 
benefit to the lot or parcel of land so assessed, and the 
commissioners shall prepare and file with the city clerk an 
assessment list of the assessment so made by them, containing a 
brief description of each piece of property assessed, the name 
of the owners thereof, if known, and the amount assessed against 
the same, and the city clerk shall present this list to the city 
council for consideration.  A brief minute of the presentation 
of this assessment list to the city council shall be made and 
published included in the record of the proceedings of the city 
council, which shall be held to be sufficient notice to all 
persons concerned.  This assessment list shall lie over without 
action thereon by the city council until the next regular 
meeting of the council which will occur at least one week 
thereafter, at which time, or at any meeting thereafter, the 
city council may confirm the assessments and assessment roll, or 
send the same back to the commissioners for further 
consideration and report thereon.  Any person interested who is 
dissatisfied with the amount of an assessment may appeal from 
the confirmation of the assessment by the city council to the 
district court, in like manner and with like proceedings as 
provided in section 430.03 in respect to filing objections and 
taking appeals from original appeals made in such proceedings 
from such order of confirmation.  Any decrease made in any 
assessments upon any appeal may be paid by the city from the 
permanent improvement fund or from any fund of the city 
available therefor, or the city council may cause the same to be 
reassessed as hereinabove provided.  
    Sec. 56.  Minnesota Statutes 1982, section 430.07, 
subdivision 5, is amended to read: 
    Subd. 5.  If, in any proceedings under this chapter, the 
actual cost of the improvement of any street, park, or parkway 
in the manner herein designated is less than the estimated cost 
thereof, as found and adopted by it, the city council, except as 
otherwise provided by this subdivision, shall immediately cancel 
and annul the assessments made in the proceedings to an amount 
which, in the aggregate, shall not exceed such fractional part 
of the total amount of the excess of estimated cost over the 
actual cost as shall be equivalent to the fraction obtained by 
dividing the total amount of the assessments by the total amount 
of the estimated cost. 
    In case the assessments in any proceeding have not been 
entirely collected or in case the city council deems that any 
such assessments cannot be fully collected, the city council may 
direct the city comptroller to retain in the fund in the 
proceeding a sum sufficient, in the judgment of the city 
council, to cover the deficiencies in the collection of the 
assessments, and the city council shall direct that the balance 
of the excess of estimated cost shall be disposed of in the 
following manner.  The city council shall direct the city 
comptroller to certify the amount of this balance to the county 
auditor.  The auditor shall thereupon deduct the amount from the 
first instalment of the assessment to be collected after the 
receipt of this certificate.  This deduction shall be made from 
the assessment against each piece or parcel of property in the 
proportion that the excess, as certified by the city 
comptroller, bears to the total of the instalment of the 
assessment.  If the balance as certified, exceeds one 
instalment, it shall also be deducted in like manner from 
succeeding instalments until the same is fully deducted. 
    If the assessment against a piece or parcel of property has 
been paid in full, and the amount to be refunded does not exceed 
$1, the city council may deposit the amount of the potential 
refund in the city's permanent improvement fund or bond 
redemption fund.  If the amount to be refunded exceeds $1, but 
does not exceed $20, the city comptroller shall mail to the 
current owner of the property a notice stating that the refund 
is available.  The notice shall be mailed within 60 days after 
the city council determines the actual cost of the improvement.  
If the amount to be refunded exceeds $20 the following notice 
procedure shall be followed.  The city comptroller shall mail to 
the person who owned the property when the assessment was paid, 
at his last known address, a notice stating that the refund is 
available.  The notice shall be mailed within 60 days after the 
city council determines the actual cost of the improvement.  If 
a response is not received from the owner within ten days of the 
date of mailing, a second notice shall be mailed.  If a response 
is not received from the owner within ten days of the date of 
the second mailing, a notice of refund containing the name of 
the person who was the owner when the assessment was paid, and 
the address of the property shall be published in a newspaper of 
general circulation in the city.  If the refund is not claimed 
by the person who owned the property when the assessment was 
paid, within 30 days of the date of mailing of the last required 
notice or within 30 days of the date of publication of any 
required notice, whichever is later, the city council may 
deposit the amount of the potential refund in the city's 
permanent improvement fund or bond redemption fund. 
    Sec. 57.  Minnesota Statutes 1982, section 430.102, 
subdivision 3, is amended to read: 
    Subd. 3.  [ANNUAL IMPROVEMENT ASSESSMENT PROCEDURE; 
APPEALS.] When the council shall have acted on the estimate of 
costs, the city engineer, with the assistance of the city 
assessor, shall prepare an assessment roll setting forth 
separately the amounts to be specially assessed against the 
benefited and assessable properties in the district in 
proportion to the benefits, descriptions of such properties, and 
the names of the owners of such properties, so far as such names 
are available to him.  The assessment roll, when so prepared, 
shall be filed in the office of the city clerk and be there 
available for inspection.  The city council shall meet to 
consider objections to the amounts of such special assessments 
at least ten days after a notice of hearing has been published 
once in the official newspaper and mailed to the named owners of 
all tracts, parcels and lots of property proposed to be 
assessed.  The notice shall set forth the time and place of 
meeting, and set forth the purpose of such meeting, but may 
refer to the assessment roll for further particulars.  When the 
city council shall have approved the amounts of the special 
assessments set forth therein, or as may be changed by it, the 
city clerk shall forthwith certify a copy of the assessment 
roll, with such changes, if any, to the county auditor to be 
extended on the tax lists of the county and to be collected with 
and in the same manner as other taxes on property for the 
current year.  Within 20 days after the adoption of the 
assessment, any person aggrieved may appeal to the district 
court as provided in section 430.03 except that commissioners 
shall not be appointed to consider the amount of benefits; if 
the court shall find that the assessment is not arbitrary, 
unreasonable, or made under a demonstrable mistake of fact or 
erroneous theory of law, it shall confirm the proceedings, but 
otherwise shall remand the same to the city council for 
reconsideration and reassessment of the benefits upon like 
notice and hearing as in the case of original assessments under 
this subdivision.  All objections to the assessment shall be 
deemed waived unless presented on such appeal.  
    Sec. 58.  Minnesota Statutes 1982, section 435.202, 
subdivision 2, is amended to read: 
    Subd. 2.  [REFUND OF ASSESSMENTS.] The governing body of 
the municipality shall also notify the municipal clerk or 
recorder of such fact, and he shall forthwith publish a provide 
notice in the official newspaper of the municipality appropriate 
to inform interested persons describing the improvement and 
stating that it has been abandoned and that any person who paid 
any special assessments levied on account of such improvement 
may file a claim, within six months following the date of 
publication of the notice, for refund of such assessments paid 
by him, together with any interest he paid thereon.  If the 
municipality has no official newspaper, such notice may be 
published in any newspaper published in the municipality or, if 
no newspaper is published in the municipality, it may be posted. 
The municipality is not required to, but may, pay such claims 
filed after the period allowed, and it may require any claimant 
to furnish satisfactory evidence that he paid the amounts 
claimed.  Such claims may be paid out of moneys in the fund of 
the improvement which was abandoned, unless obligations have 
been issued payable therefrom, or they may be paid out of moneys 
in the general fund.  
    Sec. 59.  Minnesota Statutes 1982, section 441.04, is 
amended to read: 
    441.04 [ADVERTISE FOR BIDS.] 
    As soon as the plans and specifications are approved by the 
council of each city the committee shall cause advertisements to 
be published once in each week for three successive weeks in a 
daily newspaper of each city for give notice appropriate to 
inform interested persons requesting public bids for the 
construction of the bridge, specifying the time and place for 
opening the bids, the amount and character of deposit required 
with the bids, together with any reasonable requirements or 
conditions, and reserving the right to reject any and all bids.  
No contract shall be let except to the lowest responsible 
bidder; provided that any such city, acting through its council, 
may submit a bid and if its bid be the lowest bid the contract 
shall be awarded to the city, subject to the power of the 
committee to reject all bids.  
    Sec. 60.  Minnesota Statutes 1982, section 462.427, 
subdivision 3, is amended to read: 
    Subd. 3.  [PUBLIC HEARING; NOTICE; PUBLICATION; 
RESOLUTION.] The governing body of a political subdivision shall 
not adopt any resolution authorized by this and section 462.426 
unless a public hearing has first been held.  The clerk of such 
political subdivision shall give notice of the time, place, and 
purpose of the public hearing not less than ten days nor more 
than 30 days prior to the day on which the hearing is to be 
held, in a newspaper published in such political subdivision, or 
if there is no newspaper published in such political 
subdivision, then in a newspaper published in the state and 
having a general circulation in such political subdivision 
manner appropriate to inform the public.  Upon the date fixed 
for such public hearing an opportunity to be heard shall be 
granted to all residents of such political subdivision and to 
all other interested persons.  The resolution shall be published 
in a newspaper of general circulation in the political 
subdivision.  
    Sec. 61.  Minnesota Statutes 1982, section 465.32, is 
amended to read: 
    465.32 [NOTICE OF MEETING.] 
    The appraisers shall give notice of their meeting by 
publication in the official newspaper of the city, once a week 
for six consecutive weeks, which last publication shall be at 
least ten days before the day of such meeting in a manner 
appropriate to inform the public, which notice shall name the 
stream to be diverted, the point of diversion, the general 
course of the new channel and the height to which it is proposed 
to raise or maintain any lake, the location of proposed bridges, 
culverts, or tunnels, the estimated cost of construction, and 
contain a description of the lands designated by the city 
council to be taken for right of way and for flowage purposes, 
and give notice that a plan of the improvement has been filed in 
the office of the city clerk, and that the appraisers will meet 
at a place and time designated in the notice, and thence proceed 
to view the premises and appraise the damages for property to be 
taken, or which may be damaged by the diversion of water or 
otherwise by such improvement, and to assess benefits in the 
manner hereinafter specified.  If any portion of such stream or 
of the lands to be taken is outside of the county containing 
such city, then the notice shall be published for a like time in 
some newspaper in such also be given in the outside county.  
    Sec. 62.  Minnesota Statutes 1982, section 465.38, is 
amended to read: 
    465.38 [NOTICE OF APPRAISEMENT; CONFIRMATION OR ANNULMENT.] 
    Upon such report being filed, the city clerk shall give 
notice that such appraisement has been returned and that the 
same will be considered by the city council at a meeting thereof 
to be named in the notice, which notice shall contain the 
schedule of damages awarded and benefits assessed and be 
published in the official newspaper of the city once a week for 
two consecutive weeks, and the last publication shall be at 
least ten days before such meeting given in a manner appropriate 
to inform the public.  Any person interested in any building 
standing in whole or in part upon any land required to be taken 
by such improvement shall, on or before the time specified for 
the meeting in such notice, notify the city council in writing 
of his election to remove such building, if he so elect.  The 
city council, upon the day fixed for the consideration of such 
report, or at any subsequent meeting to which the same may stand 
over or be referred, shall have power in their discretion to 
confirm, revise, or annul the appraisement and assessment, 
giving due consideration to any objections interposed by parties 
interested in the manner hereinafter specified; provided that 
the city council shall not have the power to reduce the amount 
of any award nor increase any assessment.  In case the 
appraisement and assessment is annulled, the city council may 
thereupon appoint new appraisers, who shall proceed in like 
manner as in case of the first appraisement, and upon the coming 
in of their report, the city council shall proceed in a like 
manner and with the same powers as in the case of the first 
appraisement.  
    Sec. 63.  [471.6965] [PUBLICATION OF SUMMARY BUDGET 
STATEMENT.] 
    Annually, upon adoption of the city budget, the city 
council shall publish a summary budget statement in the official 
newspaper of the city, or if there is none, in a qualified 
newspaper of general circulation in the city.  The statement 
shall contain information relating to anticipated revenues and 
expenditures, in a form prescribed by the state auditor.  The 
form prescribed shall be designed so that comparisons can be 
made between the current year and the budget year.  A note shall 
be included that the complete budget is available for public 
inspection at a designated location within the city.  
    Sec. 64.  Minnesota Statutes 1982, section 471.697, 
subdivision 1, is amended to read: 
    Subdivision 1.  In any city with a population of more than 
2,500 according to the latest federal census, the city clerk or 
chief financial officer shall: 
    (a) Prepare a financial report covering the city's 
operations including operations of municipal hospitals and 
nursing homes, liquor stores, and public utility commissions 
during the preceding fiscal year after the close of the fiscal 
year and publish the report or a summary of the report, in a 
form as prescribed by the state auditor, in a qualified 
newspaper of general circulation in the city or, if there be is 
none, post copies in three of the most public places in the city 
, no later than 30 days after the report is due in the office of 
the state auditor.  The report shall contain financial 
statements and disclosures which present the city's financial 
position and the results of city operations in conformity with 
generally accepted accounting principles.  The report shall 
include such information and be in such form as may be 
prescribed by the state auditor; 
    (b) File the financial report in his office for public 
inspection and present it to the city council after the close of 
the fiscal year.  One copy of the financial report shall be 
furnished to the state auditor after the close of the fiscal 
year; and 
             (c) Submit to the state auditor audited financial 
statements which have been attested to by a certified public 
accountant, public accountant, or the state auditor within 180 
days after the close of the fiscal year, except that the state 
auditor may upon request of a city and a showing of inability to 
conform, extend the deadline.  The state auditor may accept this 
report in lieu of the report required in clause (b) above. 
             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. 65.  Minnesota Statutes 1982, section 471.698, 
subdivision 1, is amended to read: 
    Subdivision 1.  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 his 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 within 60 90 days after the 
close of the fiscal year in a qualified newspaper published 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, publish the statement in the official 
newspaper published elsewhere or post copies in three of the 
most public places in the city; or 
    (3) If city council proceedings are published monthly or 
quarterly, showing to whom and for what purpose orders are drawn 
upon the treasurer, the annual statement to be published as 
required by this section may be summarized in such form as the 
state auditor may prescribe.  It is not necessary to publish 
individual disbursements of less than $100, 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. 66.  Minnesota Statutes 1982, section 471.6985, is 
amended to read: 
     471.6985 [FINANCIAL STATEMENT PUBLICATION; MUNICIPAL LIQUOR 
STORE.] 
     Any city operating a municipal liquor store shall publish a 
balance sheet using generally accepted accounting procedures and 
a statement of operations of the liquor store within 90 days 
after the close of the fiscal year in the official newspaper of 
the city.  The statement shall be headlined, in a type size no 
smaller than 18 point:  "Analysis of ......(city)......  
municipal liquor store operations for ......(year)...." and 
shall be written in clear and easily understandable language.  
It shall contain the following information:  total sales, cost 
of sales, gross profit, profit as percent of sales, operating 
expenses, operating income, contributions to and from other 
funds, capital outlay, interest paid and debt retired.  The form 
and style of the statement shall be prescribed by the state 
auditor.  Non-operating expenses may not be extracted on the 
reporting form prior to determination of net profits for 
reporting purposes only.  Administrative expenses charged to the 
liquor store by the city must be actual operating expenses and 
not used for any other public purpose prior to the determination 
of net profits.  The publication requirements of this section 
shall be in addition to any publication or posting requirements 
for financial reports contained in sections 471.697 and 471.698. 
The statement may at the option of the city council be 
incorporated into the reports published pursuant to sections 
471.697 and 471.698, in accordance with a form and style 
prescribed by the state auditor.  
    Sec. 67.  Minnesota Statutes 1982, section 472.04, 
subdivision 2, is amended to read: 
    Subd. 2.  The governing body of a municipality shall 
consider such a resolution only after a public hearing thereon 
after notice published in a qualified newspaper at least once, 
appropriate to inform the public given not less than 10 nor more 
than 30 days prior to the date of the hearing.  Opportunity to 
be heard shall be granted to all residents of the municipality 
and its environs and to all other interested persons.  The 
resolution shall be published in the same manner in which 
ordinances are published in the municipality.  
    Sec. 68.  Minnesota Statutes 1982, section 484.30, is 
amended to read: 
    484.30 [ADJOURNED AND SPECIAL TERMS.] 
    The judges of each district may adjourn court from time to 
time during any term thereof, and may appoint special terms for 
the trial of issues of law and fact, and, when necessary, direct 
petit juries to be drawn therefor.  Three weeks' published 
notice of every special term shall be given in the county 
wherein it is to be held.  They may also appoint special terms 
for the hearing of all matters except issues of fact, the order 
for which shall be filed with the clerk, and a copy posted in 
his office for three weeks prior to the term. 
    Sec. 69.  [REPEALER.] 
    Minnesota Statutes 1982, sections 55.09;  331.01; 331.02; 
331.03; 331.04; 331.05; 331.06;  331.07; 331.08; 331.10; 331.11; 
and 441.51, are repealed.  
    Sec. 70.  [EFFECTIVE DATE.] 
    Sections 1 to 69 are effective January 1, 1985, except as 
they apply to independent school districts, with respect to 
which Sections 1 to 69 are effective July 1, 1985. 
    Approved April 25, 1984

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