HF 3868

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to data practices; modifying records management requirements;
changing emergency records preservation requirements; amending Minnesota
Statutes 2004, section 138.17, subdivisions 7, 8.

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

Section 1.

Minnesota Statutes 2004, section 138.17, subdivision 7, is amended to read:

Subd. 7.

Records management deleted text begin program deleted text end .

deleted text begin A records management program for the
application of efficient and economical management methods to the creation, utilization,
maintenance, retention, preservation, and disposal of official records shall be administered
by the commissioner of administration with assistance from the director of the historical
society. The State Records Center which stores and services state records not in state
archives shall be administered by the commissioner of administration. The commissioner
of administration is empowered to (1) establish standards, procedures, and techniques for
effective management of government records, (2) make continuing surveys of paper work
operations, and (3) recommend improvements in current records management practices
including the use of space, equipment, and supplies employed in creating, maintaining,
preserving and disposing of government records. deleted text end It shall be the duty of the head of each
state agency and the governing body of each county, municipality, and other subdivision
of government deleted text begin to cooperate with the commissioner in conducting surveys and deleted text end to establish
and maintain an active, continuing program for the economical and efficient management
of the records of each agency, county, municipality, or other subdivision of government.
deleted text begin When requested by the commissioner, deleted text end Public officials shall deleted text begin assist in the preparation of deleted text end new text begin
prepare new text end an inclusive inventory of records in their custody, to which shall be attached
a schedule, approved by the head of the governmental unit or agency having custody
of the records deleted text begin and the commissioner deleted text end , establishing a time period for the retention or
disposal of each series of records. When the schedule is unanimously approved by the
records disposition panel, the head of the governmental unit or agency having custody
of the records may dispose of the type of records listed in the schedule at a time and in
a manner prescribed in the schedule for particular records which were created after the
approval. A list of records disposed of pursuant to this subdivision shall be maintained by
the governmental unit or agency.

Sec. 2.

Minnesota Statutes 2004, section 138.17, subdivision 8, is amended to read:

Subd. 8.

Emergency records preservation.

deleted text begin In light of the danger of nuclear or
natural disaster, the commissioner of administration, with the assistance of the director
of the historical society, shall establish and maintain a program for the selection and
preservation of public records considered essential to the operation of government and to
the protection of the rights and interests of persons, and shall make or cause to be made
preservation duplicates or designate as preservation duplicates existing copies of such
essential public records. Preservation duplicates shall be durable, accurate, complete, and
clear, and such duplicates reproduced by photographic or other process which accurately
reproduces and forms a durable medium for so reproducing the original shall have the
same force and effect for all purposes as the original record whether the original record is
in existence or not. A transcript, exemplification, or certified copy of such preservation
duplicate shall be deemed for all purposes to be a transcript, exemplification, or certified
copy of the original record. Such preservation duplicates shall be preserved in the place
and manner of safekeeping prescribed by the commissioner.
deleted text end

Every county, municipality, or other subdivision of government may institute
a program for the preservation of necessary documents essential to the continuity of
government new text begin in the event of a disaster or emergency new text end . deleted text begin Such a program shall first be
submitted to the commissioner for approval or disapproval and no such program shall be
instituted until such approval is obtained.
deleted text end