2003 Minnesota Statutes

CHAPTER 331A. Qualified newspapers

     331A.01 Definitions. 

    Subdivision 1.    Scope.  As used in sections 331A.01 to 
 331A.11, the terms defined have the meanings given them except 
 as otherwise expressly provided or indicated by the context.  

    Subd. 2.    Known office of issue.  "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.  "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.  "Municipality" means a home 
 rule charter or statutory city or town.  

    Subd. 5.    Newspaper.  "Newspaper" means a publication 
 issued regularly by the same person or corporation, or a 
 successor, whether the name of the publication is the same or 
 different.  

    Subd. 6.    Proceedings.  "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.  "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 the person 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.  "Qualified newspaper" 
 means a newspaper which complies with all of the provisions of 
 section 331A.02.  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.  "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.  "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.  

    HIST: 1984 c 543 s 20; 1986 c 444 

     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.  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. 

    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.  

    HIST: 1984 c 543 s 21; 1985 c 174 s 1; 1Sp1985 c 13 s 315; 
 1987 c 30 s 1; 1987 c 286 s 1; 1988 c 682 s 42; 1990 c 395 s 1; 
 1991 c 205 s 17; 1997 c 137 s 13; 2001 c 38 s 1 

     331A.03 Where notice published. 

    Subdivision 1.    Generally.  Except as provided in 
 subdivision 2, 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.  

    Subd. 2.    Exception; certain cities of the fourth class. 
  A public notice required to be published by a statutory or 
 home rule charter city of the fourth class located in the 
 metropolitan area defined in section 473.121, subdivision 2, is 
 not required to be published in a qualified newspaper if there 
 is no qualified nondaily newspaper of general circulation in the 
 city, provided the notice is printed in a newsletter or similar 
 printed means of giving notice that is prepared by the city and 
 either mailed or delivered to each household in the city. 

    HIST: 1984 c 543 s 22; 1991 c 53 s 1 

     331A.04 Designation of a newspaper for official 
  publications. 

    Subdivision 1.    Priority.  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.    Known office in locality.  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.    Secondary office in locality.  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.    General circulation in locality.  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.    Other situations.  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.  

    Subd. 6.    Exception to designation priority.  (a) 
 Notwithstanding subdivisions 1 to 3, the governing body of a 
 local public corporation may designate any newspaper for 
 publication of its official proceedings and public notices, if 
 the following conditions are met: 

    (1) the newspaper is a qualified medium of official and 
 legal publication; 

    (2) the publisher of the newspaper furnishes a sworn 
 statement, verified by a recognized independent circulation 
 auditing agency, covering a period of at least one year ending 
 no earlier than 60 days before designation of the newspaper, 
 stating that the newspaper's circulation reaches not fewer than 
 75 percent of the households within the public corporation; 

    (3) the newspaper has provided regular coverage of the 
 proceedings of the governing body of the local public 
 corporation and will continue to do so; and 

    (4) the governing body votes unanimously to designate the 
 newspaper. 

    (b) If the circulation of a newspaper designated under this 
 subdivision falls below 75 percent of the households within the 
 public local corporation at any time within the term of its 
 designation as official newspaper, its qualification to publish 
 public notices for the local public corporation terminates. 

    HIST: 1984 c 543 s 23; 2003 c 59 s 1 

     331A.05 Form of public notices. 

    Subdivision 1.    English language.  All public notices 
 shall be printed or otherwise disseminated in the English 
 language.  

    Subd. 2.    Time of notice.  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.    Type face.  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 lowercase alphabet of 90 point.  Larger type 
 faces may be used.  

    Subd. 4.    Title or caption.  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.    Local options.  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 331A.04.  
 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 331A.01 to 
 331A.11.  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.    Conflict of laws.  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.  

    Subd. 7.    Errors in publication.  If through no fault 
 of the local public corporation, an error occurs in the 
 publication of a public notice, the error shall have no effect 
 on the validity of the event, action, or proceeding to which the 
 public notice relates. 

    HIST: 1984 c 543 s 24; 1997 c 56 s 1 

     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.    Fees for publication.  Notwithstanding 
 subdivision 1, no newspaper may increase its rates for 
 publication of public notices by more than ten percent per year, 
 as compared to the maximum rate actually charged by the 
 newspaper in the previous year for publication of public 
 notices, and in any case the new rate shall not exceed the rate 
 described in subdivision 1.  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 the maximum rate shall be as provided 
 in this section. 

    HIST: 1984 c 543 s 25; 1985 c 174 s 2; 1994 c 465 art 2 s 18 

     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 
 331A.02.  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 of the newspaper or the 
 publisher's designated agent, having knowledge of the facts, 
 setting forth the fact that the newspaper has complied with all 
 the requirements to constitute 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 331A.06, 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. 

    HIST: 1984 c 543 s 26; 1993 c 48 s 7 

     331A.08 Computation of time. 

    Subdivision 1.    Time for publication.  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.    Time for act or proceeding.  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.  

    HIST: 1984 c 543 s 27 

     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.  

    HIST: 1984 c 543 s 28 

     331A.10 Change of name or discontinuance of newspaper. 

    Subdivision 1.    Change of name.  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.    Discontinuance.  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.  

    HIST: 1984 c 543 s 29 

     331A.11 Application. 

    Subdivision 1.    Apply.  Sections 331A.01 to 331A.11 
 apply to all municipalities and local public corporations.  

    Subd. 2.    Do not apply.  Sections 331A.01 to 331A.11 
 do not apply to notices required by private agreements or local 
 laws to be published in newspapers, unless they refer to 
 sections 331A.01 to 331A.11, or particular provisions of 
 sections 331A.01 to 331A.11.  

    HIST: 1984 c 543 s 30 

     331A.12 Web site publication of local transportation RFP.

    Subdivision 1.    Definitions.  (a) The terms defined in 
 this subdivision and section 331A.01 apply to this section. 

    (b) "Web site" means a specific, addressable location 
 provided on a server connected to the Internet and hosting World 
 Wide Web pages and other files that are generally accessible on 
 the Internet all or most of the day. 

    Subd. 2.    Designation.  At the meeting of the 
 governing body of the local public corporation at which the 
 governing body must designate its official newspaper for the 
 year, the governing body may designate in the same manner 
 publication of transportation projects on the local public 
 corporation's Web site.  Publication on the Web site may be used 
 in place of or in addition to any other required form of 
 publication.  Each year after designating publication on the Web 
 site for transportation projects, the local public corporation 
 must publish in a qualified newspaper in the jurisdiction and on 
 the Web site, notice that the local public corporation will 
 publish any advertisements for bids on its Web site. 

    Subd. 3.    Form, time for publication same.  A local 
 public corporation that publishes on its Web site under this 
 section must post the information in substantially the same 
 format and for the same period of time as required for 
 publication in an official newspaper or other print publication. 

    Subd. 4.    Record retention.  A local public 
 corporation that publishes notice on its Web site under this 
 section must ensure that a permanent record of publication is 
 maintained in a form accessible by the public. 

    HIST: 1Sp2003 c 19 art 2 s 56