Online publication authorization when no qualified newspaper is available

A bill for an act

relating to local government; authorizing online publication when no qualified

newspaper is available; amending Minnesota Statutes 2024, sections 331A.01,

subdivisions 1, 7, 12, by adding a subdivision; 331A.03; 331A.04, subdivision 4;

331A.06, subdivision 1; 331A.08, subdivision 3; 331A.09; Minnesota Statutes

2025 Supplement, section 331A.10, subdivision 2; repealing Minnesota Statutes

2024, section 331A.12, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 331A.01, subdivision 1, is amended to read:

Subdivision 1.

Scope.

As used in sections
331A.01
to
deleted text begin
331A.11
deleted text end
new text begin
331A.12
new text end
, the terms

defined have the meanings given them except as otherwise expressly provided or indicated

by the context.

Sec. 2.

Minnesota Statutes 2024, section 331A.01, subdivision 7, is amended to read:

Subd. 7.

Public notice.

"Public notice" means every notice required or authorized by

law or by order of a court to be published
deleted text begin
by a qualified newspaper
deleted text end
new text begin
in the manner described

in this chapter
new text end
, and includes:

(1) every publication of laws, ordinances, resolutions, financial information, and

proceedings intended to give notice in a particular area;

(2) 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;

(3) 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; and

(4) this subdivision contains no independent requirement for the publication of any

public notice.

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective the day following final enactment.

new text end

Sec. 3.

Minnesota Statutes 2024, section 331A.01, subdivision 12, is amended to read:

Subd. 12.

Publish.

"Publish" means dissemination in the print edition of a qualified

newspaper, and in the e-edition of the qualified newspaper if applicable
new text begin
, or publication on

a political subdivision's website pursuant to section 331A.04, subdivision 4
new text end
.

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective the day following final enactment.

new text end

Sec. 4.

Minnesota Statutes 2024, section 331A.01, is amended by adding a subdivision to

read:

new text begin

Subd. 15.

new text end

new text begin

Website.

new text end

new text begin

"Website" 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.

new text end

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective the day following final enactment.

new text end

Sec. 5.

Minnesota Statutes 2024, section 331A.03, is amended to read:

331A.03 WHERE NOTICE PUBLISHED.

Subdivision 1.

Generally.

Except as provided in subdivision 2, a public notice shall be

published in a qualified newspaper
deleted text begin
, and
deleted text end
new text begin
or on the political subdivision's website pursuant

to section 331A.04, subdivision 4.
new text end
Except as otherwise provided by law,
new text begin
publication in a

qualified newspaper must be made
new text end
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 political subdivision or area and no qualified newspaper is located

there, publication shall be made
deleted text begin
in a qualified newspaper likely to give notice
deleted text end

new text begin
pursuant to

section 331A.04, subdivision 4,
new text end
unless the particular statute or law expressly provides

otherwise.
deleted text begin
If no qualified newspaper exists, then publication is not required.
deleted text end

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
new text begin
:
new text end

new text begin

(1)
new text end
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
deleted text begin
.
deleted text end
new text begin
; or
new text end

new text begin

(2) publication occurs pursuant to section 331A.04, subdivision 4.

new text end

Subd. 3.

Alternative dissemination of bids and requests.

(a)
new text begin
For a political subdivision

that designates publication in a qualified newspaper as its means of dissemination,
new text end
in addition

to or as an alternative to the statutory requirements for newspaper publication, a political

subdivision may disseminate solicitations of bids, requests for information, and requests

for proposals by a means authorized in paragraph (b), if the political subdivision

simultaneously publishes, either as part of the minutes of a regular meeting of the governing

body or in a separate notice published in the official newspaper, a description of all

solicitations or requests so disseminated, along with the means by which the dissemination

occurred.

(b) A political subdivision may use its website or recognized industry trade journals as

an alternative means of dissemination. A dissemination by alternative means must be in

substantially the same format and for the same period of time as a publication required by

this chapter.

(c) For the first six months after a political subdivision designates an alternative means

of dissemination
new text begin
under this subdivision
new text end
, it must continue to publish solicitation of bids,

requests for information, and requests for proposals in the official newspaper in addition to

the alternative method. The publication in the official newspaper must indicate where to

find the designated alternative method. After the expiration of the six-month period, an

alternative means of dissemination satisfies the publication requirements of law for

solicitation of bids, requests for information, and requests for proposals.

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective the day following final enactment.

new text end

Sec. 6.

Minnesota Statutes 2024, section 331A.04, subdivision 4, is amended to read:

Subd. 4.

deleted text begin
General circulation
deleted text end
new text begin
When no newspaper office
new text end
in locality.

new text begin
(a)
new text end
When no

qualified newspaper has its known office of issue or a secondary office located within the

political subdivision, then a qualified newspaper
deleted text begin
of general circulation there
deleted text end
shall be

designated
deleted text begin
.
deleted text end
new text begin
, provided that the newspaper can certify upon request:
new text end

new text begin

(1) that its print and online circulation reaches residential households in the political

subdivision; and

new text end

new text begin

(2) that it provides news coverage of the activities in the political subdivision, including

those of its governing body.

new text end

new text begin

(b) When no qualified newspaper is available that meets the criteria in paragraph (a),

the political subdivision must post the information required to be published on the political

subdivision's website and on the Minnesota Newspaper Association's statewide public notice

website. The political subdivision may continue to publish notices in this manner until a

qualified newspaper that meets the criteria in paragraph (a) is available to be designated.

new text end

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective the day following final enactment.

new text end

Sec. 7.

Minnesota Statutes 2024, section 331A.06, subdivision 1, is amended to read:

Subdivision 1.

Maximum rate.

The maximum rate charged for publication of a public

notice
new text begin
in a qualified newspaper
new text end
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.

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective the day following final enactment.

new text end

Sec. 8.

Minnesota Statutes 2024, section 331A.08, subdivision 3, is amended to read:

Subd. 3.

Publication of proceedings.

Notwithstanding other statutory publication

requirements, if the governing body of a political subdivision conducts regular meetings

not more than once every 30 days, the governing body need not publish the meeting minutes

in the official newspaper
new text begin
or on the political subdivision's website
new text end
until ten days after the

proceedings have been approved by the governing body.

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective the day following final enactment.

new text end

Sec. 9.

Minnesota Statutes 2024, section 331A.09, is amended to read:

331A.09 PUBLICATION ON SUNDAY OR HOLIDAY.

Any public notice may lawfully be
deleted text begin
printed in a newspaper
deleted text end
published on a Sunday or

holiday. 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 of 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.

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective the day following final enactment.

new text end

Sec. 10.

Minnesota Statutes 2025 Supplement, section 331A.10, subdivision 2, is amended

to read:

Subd. 2.

Discontinuance.

(a) 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 following procedures apply: (1) when the publication is required

by court order, the order for publication may be amended by order of the court or judge, to

designate another newspaper, as may be necessary; or (2) when the publication is required

by law, rule, or ordinance, the publication may be made or completed in any other qualified

newspaper.

(b) If no qualified newspaper is available for publication of a public notice after the

discontinuance of a newspaper, the political subdivision must
deleted text begin
post the information required

to be published on the political subdivision's website until another qualified newspaper is

identified, which shall then be designated. During the time when no qualified newspaper is
deleted text end
deleted text begin

available, the political subdivision must also post the public notice on the Minnesota

Newspaper Association's statewide public notice website, at no additional cost to the political

subdivision
deleted text end
new text begin
publish pursuant to section 331A.04, subdivision 4
new text end
.

(c) Any time during which the notice is published in a newspaper prior to the newspaper's

discontinuance 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.

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective the day following final enactment.

new text end

Sec. 11.
new text begin
REPEALER.
new text end

new text begin

Minnesota Statutes 2024, section 331A.12, subdivision 1,

new text end

new text begin

is repealed.

new text end

APPENDIX

Repealed Minnesota Statutes: 26-08273

331A.12 WEBSITE ADVERTISEMENT FOR TRANSPORTATION PROJECT BIDS.

Subdivision 1.

Definitions.

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

(b) "Website" 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.