Minnesota Session Laws - 2001, Regular Session

                             CHAPTER 38-H.F.No. 949 
                  An act relating to qualified newspapers; modifying 
                  requirements for qualified newspapers serving smaller 
                  local public corporations; amending Minnesota Statutes 
                  2000, section 331A.02, subdivision 1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, 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.  A newspaper that is not qualified must 
        inform a public body that presents a public notice for 
        publication that it is not qualified.  To be qualified 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, or 800 square inches if the local 
        public corporation the newspaper purports to serve has a 
        population of under 1,300 and the newspaper does not receive a 
        public subsidy; 
           (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, or 250 copies delivered to 
        paying subscribers if the local public corporation it purports 
        to serve has a population of under 1,300, or have at least 500 
        copies regularly distributed without charge to local residents, 
        or 250 copies distributed without charge to local residents if 
        the local public corporation it purports to serve has a 
        population of under 1,300; 
           (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) between September 1 and December 31 of each year 
        publish a sworn United States Post Office periodicals-class 
        statement of ownership and circulation or a statement of 
        ownership and circulation verified by a recognized independent 
        circulation auditing agency covering a period of at least one 
        year ending no earlier than the June 30 preceding the 
        publication deadline.  When publication occurs after December 31 
        and before July 1, qualification shall be effective from the 
        date of the filing described in paragraph (j) through December 
        31 of that year; and 
           (j) after publication, submit to the secretary of state by 
        December 31 a filing containing the newspaper's name, address of 
        its known office of issue, telephone number, and a statement 
        that it has complied with all of the requirements of this 
        section.  The filing must be accompanied by a fee of $25.  The 
        secretary of state shall make available for public inspection a 
        list of newspapers that have filed.  Acceptance of a filing does 
        not constitute a guarantee by the state that any other 
        qualification has been met. 
           Presented to the governor April 20, 2001 
           Signed by the governor April 24, 2001, 9:56 a.m.