Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 174-S.F.No. 542 
           An act relating to local improvements; clarifying 
          procedures for publication of public notices; 
          clarifying fees for publication; providing for 
          advertisement for bids in certain publications; 
          amending Minnesota Statutes 1984, sections 331A.02, 
          subdivision 1; 331A.06, subdivision 2; and 429.041, 
          subdivision 1.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 331A.02, 
subdivision 1, is amended to read: 
    Subdivision 1.  [QUALIFICATION.] No newspaper in this state 
shall be entitled to any compensation or fee for publishing any 
public notice unless it is 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, and either 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.  
    Sec. 2.  Minnesota Statutes 1984, section 331A.06, 
subdivision 2, is amended to read: 
    Subd. 2.  [FEES FOR PUBLICATION.] Notwithstanding 
subdivision 1, no newspaper may increase its rates for 
publication of public notices by more than ten percent per 
year over, as compared to the maximum rate actually charged by 
the newspaper in 1984 the previous year 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.  
    Sec. 3.  Minnesota Statutes 1984, section 429.041, 
subdivision 1, is amended to read:  
    Subdivision 1.  [PLANS AND SPECIFICATIONS, ADVERTISEMENT 
FOR BIDS.] When the council determines to make any improvement, 
it shall let the contract for all or part of the work, or order 
all or part of the work done by day labor or otherwise as 
authorized by subdivision 2, no later than one year after the 
adoption of the resolution ordering such improvement, unless a 
different time limit is specifically stated in the resolution 
ordering the improvement.  The council shall cause plans and 
specifications of the improvement to be made, or if previously 
made, to be modified, if necessary, and to be approved and filed 
with the clerk, and if the estimated cost exceeds $5,000, shall 
advertise for bids for the improvement in the newspaper and such 
other papers and for such length of time as it may deem 
advisable.  If the estimated cost exceeds $100,000, publication 
shall be made no less than three weeks before the last day for 
submission of bids once in the newspaper and at least once 
in either a newspaper or trade paper published in a city of the 
first class no less than three weeks before the last day for 
submission of bids or a trade paper.  To be eligible as such a 
trade paper, a publication shall have all the qualifications of 
a legal newspaper except that instead of the requirement that it 
shall contain general and local news, such trade paper shall 
contain building and construction news of interest to 
contractors in this state, among whom it shall have a general 
circulation.  The advertisement shall specify the work to be 
done, shall state the time when the bids will be publicly opened 
for consideration by the council, which shall be not less than 
ten days after the first publication of the advertisement when 
the estimated cost is less than $100,000 and not less than three 
weeks after such publication in other cases, and shall state 
that no bids will be considered unless sealed and filed with the 
clerk and accompanied by a cash deposit, cashier's check, bid 
bond, or certified check payable to the clerk, for such 
percentage of the amount of the bid as the council may specify.  
In providing for the advertisement for bids the council may 
direct that the bids shall be opened publicly by two or more 
designated officers or agents of the municipality and tabulated 
in advance of the meeting at which they are to be considered by 
the council.  Nothing herein shall prevent the council from 
advertising separately for various portions of the work involved 
in an improvement, or from itself, supplying by such means as 
may be otherwise authorized by law, all or any part of the 
materials, supplies, or equipment to be used in the improvement 
or from combining two or more improvements in a single set of 
plans and specifications or a single contract. 
    Sec. 4.  [EFFECTIVE DATE.] 
    Sections 1 to 3 are effective the day following final 
enactment. 
    Approved May 21, 1985