Bill Text: MN HF1784 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Legal newspaper publishing alternatives provided.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-02-25 - Author added Newton [HF1784 Detail]
Download: Minnesota-2013-HF1784-Introduced.html
1.2relating to local government; providing publishing alternatives to legal
1.3newspapers;amending Minnesota Statutes 2012, sections 10.60, subdivisions
1.41, 2, 4; 331A.03, subdivision 1, by adding subdivisions; 645.11; 645.12,
1.5subdivision 1; proposing coding for new law in Minnesota Statutes, chapter
1.6331A; repealing Minnesota Statutes 2012, section 331A.03, subdivisions 2, 3.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 10.60, subdivision 1, is amended to read:
1.9 Subdivision 1. Definitions. For purposes of this section:
1.10(1) "political subdivision" means a county, statutory or home rule charter city, town,
1.11school district, or othermunicipal corporation local political subdivision or local or area
1.12district, commission, board, or authority, and the Metropolitan Council and a metropolitan
1.13or regional agency;
1.14(2) "publication" means a document printed with public money by an elected
1.15or appointed official of a state agency or political subdivision that is intended to be
1.16distributed publicly outside of the state agency or political subdivision;
1.17(3) "state agency" means an entity in the executive, judicial, or legislative branch
1.18of state government; and
1.19(4) "Web site" means a site maintained on the World Wide Web that is available for
1.20unrestricted public access and that is maintained with public money by an elected or
1.21appointed official of a state agency or political subdivision.
1.22 Sec. 2. Minnesota Statutes 2012, section 10.60, subdivision 2, is amended to read:
1.23 Subd. 2. Purpose of Web site and publications. The purpose of a Web site and
1.24a publication must be to provide information about the duties and jurisdiction of a state
2.1agency or political subdivision or to facilitate access to public services and information
2.2related to the responsibilities or functions of the state agency or political subdivision,
2.3including the posting of notices by a political subdivision that would otherwise need to be
2.4published in a newspaper. A political subdivision may also agree to provide the same type
2.5of information on behalf of another political subdivision that does not have its own Web site.
2.6 Sec. 3. Minnesota Statutes 2012, section 10.60, subdivision 4, is amended to read:
2.7 Subd. 4. Permitted material. (a) Material specified in this subdivision may
2.8be included on a Web site or in a publication, but only if the material complies with
2.9subdivision 2. This subdivision is not a comprehensive list of material that may be
2.10contained on a Web site or in a publication, if the material complies with subdivision 2.
2.11(b) A Web site or publication may include biographical information about an elected
2.12or appointed official, a single official photograph of the official, and photographs of the
2.13official performing functions related to the office. There is no limitation on photographs,
2.14Webcasts, archives of Webcasts, and audio or video files that facilitate access to
2.15information or services or inform the public about the duties and obligations of the office or
2.16that are intended to promote trade or tourism. A state Web site or publication may include
2.17photographs or information involving civic or charitable work done by the governor's
2.18spouse, provided that these activities relate to the functions of the governor's office.
2.19(c) A Web site or publication may include press releases, proposals, policy positions,
2.20and other information directly related to the legal functions, duties, and jurisdiction of a
2.21public official or organization. A Web site may also be used for the posting of notices that
2.22would otherwise be required to be published in a newspaper.
2.23(d) The election-related Web site maintained by the Office of the Secretary of State
2.24shall provide links to:
2.25(1) the campaign Web site of any candidate for legislative, constitutional, judicial,
2.26or federal office who requests or whose campaign committee requests such a link and
2.27provides in writing a valid URL address to the Office of the Secretary of State; and
2.28(2) the Web site of any individual or group advocating for or against or providing
2.29neutral information with respect to any ballot question, where the individual or group
2.30requests such a link and provides in writing a valid Web site address and valid e-mail
2.31address to the Office of the Secretary of State.
2.32These links must be provided on the election-related Web site maintained by the
2.33Office of the Secretary of State from the opening of filing for the office in question until
2.34the business day following the day on which the State Canvassing Board has declared the
2.35results of the state general election, or November 30 of the year in which the election has
3.1taken place, whichever date is earlier. The link must be activated on the election-related
3.2Web site maintained by the Office of the Secretary of State within two business days of
3.3receipt of the request from a qualified candidate or committee.
3.4 Sec. 4. Minnesota Statutes 2012, section 331A.03, subdivision 1, is amended to read:
3.5 Subdivision 1. Generally. Except as provided insubdivision 2 this section and
3.6section 331A.12, a public notice shall be published in a qualified newspaper, and except
3.7as otherwise provided by law, in one that is likely to give notice in the affected area or
3.8to whom it is directed. When a statute or other law requires publication in a newspaper
3.9located in a designated political subdivision or area and no qualified newspaper is located
3.10there, publication shall be made in a qualified newspaper likely to give notice unless the
3.11particular statute or law expressly provides otherwise. If no qualified newspaper exists,
3.12then publication is not required.
3.13 Sec. 5. Minnesota Statutes 2012, section 331A.03, is amended by adding a subdivision
3.14to read:
3.15 Subd. 2a. Alternative notice options. Except as provided in section 645.11,
3.16subdivision 3, the governing body of a political subdivision required to provide published
3.17notice under this section may, by resolution, determine to provide such notice in one
3.18of the following manners: (a) by posting the notice on its designated Web site; (b) by
3.19publishing the notice in a newsletter or similar printed means prepared by the public
3.20body and delivered by mail or other means to each household within the public body's
3.21jurisdiction; or (c) by inclusion of the notice in a free publication of general circulation or
3.22distribution within the public body's jurisdiction, provided the publication does not charge
3.23for publishing the public notice and the governing body determines that the publication is
3.24likely to give better notice to residents than publication in a newspaper qualified under this
3.25chapter. A governing body that provides notice by one of the alternative means provided
3.26in this subdivision must publish one notice in its official newspaper informing the public
3.27of where future notices that would otherwise be published in the newspaper can be found.
3.28 Sec. 6. Minnesota Statutes 2012, section 331A.03, is amended by adding a subdivision
3.29to read:
3.30 Subd. 4. Mailed copy. A person may file a written request to receive a mailed copy
3.31of any notice provided using an alternative method under subdivision 2a. The governing
3.32body of a political subdivision using an alternative method under subdivision 2a may
4.1impose a reasonable fee to cover the cost of printing, copying, and mailing any notice
4.2requested under this subdivision.
4.3 Sec. 7. [331A.041] DESIGNATION OF OFFICIAL WEB SITE.
4.4The governing body of a political subdivision may designate a public Web site as its
4.5official Web site. The Web site must comply with the requirements of section 10.60. A
4.6public Web site maintained by another political subdivision may only be designated if the
4.7two entities enter into a written agreement regarding the terms of use of the Web site.
4.8 Sec. 8. Minnesota Statutes 2012, section 645.11, is amended to read:
4.9645.11 PUBLISHED NOTICE.
4.10 Subdivision 1. Qualified newspaper. Unless otherwise specifically provided, the
4.11words "published notice," when used in reference to the giving of notice in any proceeding
4.12or the service of any summons, order, or process in judicial proceedings, mean the
4.13publication in full of the notice, or other paper referred to, in the regular issue of a qualified
4.14newspaper, once each week for the number of weeks specified. When the publication day
4.15of any newspaper falls upon Thanksgiving Day, or upon any legal holiday, the publication
4.16of notice in any proceeding or the publication of any summons, order, or process in
4.17judicial proceedings, may be made either the day before or the day after Thanksgiving
4.18Day, or such legal holiday. When the published notice contains a description of real estate
4.19which is located within the legal limits of any city, which city is situated in more than one
4.20county, such published notice may be published in any legal newspaper within such city.
4.21 Subd. 2. Web site. Except as provided in subdivision 3, whenever a political
4.22subdivision as defined in section 331A.01, subdivision 3, is required to provide published
4.23notice in an official newspaper or paper of general circulation within the public body, the
4.24publication requirement is satisfied if the public body posts the required notice on its
4.25designated official Web site for the time period required by the specific notice requirement.
4.26 Subd. 3. Exception. When published notice is required under the provisions of
4.27chapter 414, 429, or 462, or section 410.10, a political subdivision may not substitute the
4.28Web site posting authorized in subdivision 2 for the required publication in an official
4.29newspaper or one of general circulation within the political subdivision.
4.30 Sec. 9. Minnesota Statutes 2012, section 645.12, subdivision 1, is amended to read:
4.31 Subdivision 1. Definition. The term "posted notice," when used in reference to
4.32the giving of notice in any proceeding or the service of any summons, order, or process
4.33in judicial proceedings, means the posting, at the beginning of the prescribed period
5.1of notice, of a copy of the notice or document referred to, in a manner likely to attract
5.2attention, in each of three of the most public places in thetown, city, district, or county
5.3 political subdivision to which the subject matter of the notice relates, or in which the thing
5.4of which notice is given is to occur or to be performed. When the governing body of a
5.5political subdivision determines that posting places outside of its boundaries will better
5.6serve the intent of notifying members of the public, use of such a posting place satisfies
5.7the requirements of this section. The use of a designated official Web site may be used for
5.8one of the required posting places.
5.9 Sec. 10. REPEALER.
5.10Minnesota Statutes 2012, section 331A.03, subdivisions 2 and 3, are repealed.
1.3newspapers;amending Minnesota Statutes 2012, sections 10.60, subdivisions
1.41, 2, 4; 331A.03, subdivision 1, by adding subdivisions; 645.11; 645.12,
1.5subdivision 1; proposing coding for new law in Minnesota Statutes, chapter
1.6331A; repealing Minnesota Statutes 2012, section 331A.03, subdivisions 2, 3.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 10.60, subdivision 1, is amended to read:
1.9 Subdivision 1. Definitions. For purposes of this section:
1.10(1) "political subdivision" means a county, statutory or home rule charter city, town,
1.11school district, or other
1.12district, commission, board, or authority, and the Metropolitan Council and a metropolitan
1.13or regional agency;
1.14(2) "publication" means a document printed with public money by an elected
1.15or appointed official of a state agency or political subdivision that is intended to be
1.16distributed publicly outside of the state agency or political subdivision;
1.17(3) "state agency" means an entity in the executive, judicial, or legislative branch
1.18of state government; and
1.19(4) "Web site" means a site maintained on the World Wide Web that is available for
1.20unrestricted public access and that is maintained with public money by an elected or
1.21appointed official of a state agency or political subdivision.
1.22 Sec. 2. Minnesota Statutes 2012, section 10.60, subdivision 2, is amended to read:
1.23 Subd. 2. Purpose of Web site and publications. The purpose of a Web site and
1.24a publication must be to provide information about the duties and jurisdiction of a state
2.1agency or political subdivision or to facilitate access to public services and information
2.2related to the responsibilities or functions of the state agency or political subdivision,
2.3including the posting of notices by a political subdivision that would otherwise need to be
2.4published in a newspaper. A political subdivision may also agree to provide the same type
2.5of information on behalf of another political subdivision that does not have its own Web site.
2.6 Sec. 3. Minnesota Statutes 2012, section 10.60, subdivision 4, is amended to read:
2.7 Subd. 4. Permitted material. (a) Material specified in this subdivision may
2.8be included on a Web site or in a publication, but only if the material complies with
2.9subdivision 2. This subdivision is not a comprehensive list of material that may be
2.10contained on a Web site or in a publication, if the material complies with subdivision 2.
2.11(b) A Web site or publication may include biographical information about an elected
2.12or appointed official, a single official photograph of the official, and photographs of the
2.13official performing functions related to the office. There is no limitation on photographs,
2.14Webcasts, archives of Webcasts, and audio or video files that facilitate access to
2.15information or services or inform the public about the duties and obligations of the office or
2.16that are intended to promote trade or tourism. A state Web site or publication may include
2.17photographs or information involving civic or charitable work done by the governor's
2.18spouse, provided that these activities relate to the functions of the governor's office.
2.19(c) A Web site or publication may include press releases, proposals, policy positions,
2.20and other information directly related to the legal functions, duties, and jurisdiction of a
2.21public official or organization. A Web site may also be used for the posting of notices that
2.22would otherwise be required to be published in a newspaper.
2.23(d) The election-related Web site maintained by the Office of the Secretary of State
2.24shall provide links to:
2.25(1) the campaign Web site of any candidate for legislative, constitutional, judicial,
2.26or federal office who requests or whose campaign committee requests such a link and
2.27provides in writing a valid URL address to the Office of the Secretary of State; and
2.28(2) the Web site of any individual or group advocating for or against or providing
2.29neutral information with respect to any ballot question, where the individual or group
2.30requests such a link and provides in writing a valid Web site address and valid e-mail
2.31address to the Office of the Secretary of State.
2.32These links must be provided on the election-related Web site maintained by the
2.33Office of the Secretary of State from the opening of filing for the office in question until
2.34the business day following the day on which the State Canvassing Board has declared the
2.35results of the state general election, or November 30 of the year in which the election has
3.1taken place, whichever date is earlier. The link must be activated on the election-related
3.2Web site maintained by the Office of the Secretary of State within two business days of
3.3receipt of the request from a qualified candidate or committee.
3.4 Sec. 4. Minnesota Statutes 2012, section 331A.03, subdivision 1, is amended to read:
3.5 Subdivision 1. Generally. Except as provided in
3.6section 331A.12, a public notice shall be published in a qualified newspaper, and except
3.7as otherwise provided by law, in one that is likely to give notice in the affected area or
3.8to whom it is directed. When a statute or other law requires publication in a newspaper
3.9located in a designated political subdivision or area and no qualified newspaper is located
3.10there, publication shall be made in a qualified newspaper likely to give notice unless the
3.11particular statute or law expressly provides otherwise. If no qualified newspaper exists,
3.12then publication is not required.
3.13 Sec. 5. Minnesota Statutes 2012, section 331A.03, is amended by adding a subdivision
3.14to read:
3.15 Subd. 2a. Alternative notice options. Except as provided in section 645.11,
3.16subdivision 3, the governing body of a political subdivision required to provide published
3.17notice under this section may, by resolution, determine to provide such notice in one
3.18of the following manners: (a) by posting the notice on its designated Web site; (b) by
3.19publishing the notice in a newsletter or similar printed means prepared by the public
3.20body and delivered by mail or other means to each household within the public body's
3.21jurisdiction; or (c) by inclusion of the notice in a free publication of general circulation or
3.22distribution within the public body's jurisdiction, provided the publication does not charge
3.23for publishing the public notice and the governing body determines that the publication is
3.24likely to give better notice to residents than publication in a newspaper qualified under this
3.25chapter. A governing body that provides notice by one of the alternative means provided
3.26in this subdivision must publish one notice in its official newspaper informing the public
3.27of where future notices that would otherwise be published in the newspaper can be found.
3.28 Sec. 6. Minnesota Statutes 2012, section 331A.03, is amended by adding a subdivision
3.29to read:
3.30 Subd. 4. Mailed copy. A person may file a written request to receive a mailed copy
3.31of any notice provided using an alternative method under subdivision 2a. The governing
3.32body of a political subdivision using an alternative method under subdivision 2a may
4.1impose a reasonable fee to cover the cost of printing, copying, and mailing any notice
4.2requested under this subdivision.
4.3 Sec. 7. [331A.041] DESIGNATION OF OFFICIAL WEB SITE.
4.4The governing body of a political subdivision may designate a public Web site as its
4.5official Web site. The Web site must comply with the requirements of section 10.60. A
4.6public Web site maintained by another political subdivision may only be designated if the
4.7two entities enter into a written agreement regarding the terms of use of the Web site.
4.8 Sec. 8. Minnesota Statutes 2012, section 645.11, is amended to read:
4.9645.11 PUBLISHED NOTICE.
4.10 Subdivision 1. Qualified newspaper. Unless otherwise specifically provided, the
4.11words "published notice," when used in reference to the giving of notice in any proceeding
4.12or the service of any summons, order, or process in judicial proceedings, mean the
4.13publication in full of the notice, or other paper referred to, in the regular issue of a qualified
4.14newspaper, once each week for the number of weeks specified. When the publication day
4.15of any newspaper falls upon Thanksgiving Day, or upon any legal holiday, the publication
4.16of notice in any proceeding or the publication of any summons, order, or process in
4.17judicial proceedings, may be made either the day before or the day after Thanksgiving
4.18Day, or such legal holiday. When the published notice contains a description of real estate
4.19which is located within the legal limits of any city, which city is situated in more than one
4.20county, such published notice may be published in any legal newspaper within such city.
4.21 Subd. 2. Web site. Except as provided in subdivision 3, whenever a political
4.22subdivision as defined in section 331A.01, subdivision 3, is required to provide published
4.23notice in an official newspaper or paper of general circulation within the public body, the
4.24publication requirement is satisfied if the public body posts the required notice on its
4.25designated official Web site for the time period required by the specific notice requirement.
4.26 Subd. 3. Exception. When published notice is required under the provisions of
4.27chapter 414, 429, or 462, or section 410.10, a political subdivision may not substitute the
4.28Web site posting authorized in subdivision 2 for the required publication in an official
4.29newspaper or one of general circulation within the political subdivision.
4.30 Sec. 9. Minnesota Statutes 2012, section 645.12, subdivision 1, is amended to read:
4.31 Subdivision 1. Definition. The term "posted notice," when used in reference to
4.32the giving of notice in any proceeding or the service of any summons, order, or process
4.33in judicial proceedings, means the posting, at the beginning of the prescribed period
5.1of notice, of a copy of the notice or document referred to, in a manner likely to attract
5.2attention, in each of three of the most public places in the
5.3 political subdivision to which the subject matter of the notice relates, or in which the thing
5.4of which notice is given is to occur or to be performed. When the governing body of a
5.5political subdivision determines that posting places outside of its boundaries will better
5.6serve the intent of notifying members of the public, use of such a posting place satisfies
5.7the requirements of this section. The use of a designated official Web site may be used for
5.8one of the required posting places.
5.9 Sec. 10. REPEALER.
5.10Minnesota Statutes 2012, section 331A.03, subdivisions 2 and 3, are repealed.
