Office of the Revisor of Statutes
Minnesota Session Laws - 1990, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1990
CHAPTER 506-H.F.No. 257
An act relating to state government; regulating
markings on state vehicles; eliminating the
requirement that certain reports of occupational
licensing boards be summarized; eliminating certain
prohibitions against state purchase of insurance;
regulating state sale of goods and services;
clarifying responsibility for the operation and
maintenance of certain buildings; regulating
government record keeping; prescribing compensation
for certain board members; amending Minnesota Statutes
1988, sections 15.16; 15.17, subdivision 1; 15.38, by
adding a subdivision; 15.39, subdivision 1; 15A.081,
subdivision 7; 16A.85, subdivision 2; 16B.06,
subdivision 4; 16B.09, subdivision 5; 16B.24,
subdivision 1; 16B.405, subdivision 1; 16B.48, as
amended; 136.24, subdivision 1; 136.622, subdivision
1; 138.17, subdivision 1, and by adding a subdivision;
175A.01; 175A.02; 175A.05; 175A.07, subdivision 2;
214.07, subdivision 2; 214.09, subdivision 3; 473.141,
subdivision 3; and 600.135, subdivision 1; Minnesota
Statutes 1989 Supplement, sections 15.0575,
subdivision 3; 15.059, subdivision 3; and 16B.54,
subdivision 2; repealing Minnesota Statutes 1989
Supplement, section 16B.465, subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. Minnesota Statutes 1988, section 175A.01, is
amended to read:
175A.01 [CREATION.]
Subdivision 1. [ESTABLISHMENT; MEMBERSHIP, APPOINTMENT,
QUALIFICATIONS.] The workers' compensation court of appeals as
previously constituted is reconstituted as an independent agency
in the executive branch.
The workers' compensation court of appeals shall consist of
five judges, each serving in the unclassified service. The five
judges shall be learned in the law.
Subd. 2. [APPOINTMENT; TERMS; LIMITATION.] Each judge of
the workers' compensation court of appeals shall be appointed by
the governor, by and with the advice and consent of the senate,
for a term of six years commencing at the expiration of the
preceding term. Any vacancy shall be filled by the governor for
the unexpired term, subject to confirmation by the senate. The
terms of the judges shall expire on the first Monday in January
of the year in which they expire. The terms of the judges shall
be staggered. The judges of the workers' compensation court of
appeals as now created shall be the judges of the workers'
compensation court of appeals until the expiration of the terms
for which they have been appointed and qualified. They shall be
selected on the basis of their experience with and knowledge of
workers' compensation and the workers' compensation laws of
Minnesota.
Subd. 3. [QUALIFICATIONS.] To qualify for appointment to
the court, a candidate shall be learned in the law, have been
licensed to practice law for at least five years, and have
experience with and knowledge of workers' compensation and the
workers' compensation laws of Minnesota.
Subd. 4. [STANDARDS OF CONDUCT.] The judges of the
workers' compensation court of appeals shall be subject to the
provisions of the Minnesota Constitution, article VI, section 6,
the jurisdiction of the commission on judicial standards, as
provided in sections 490.15 and 490.16, and the provisions of
the code of judicial conduct.
Subd. 2 5. [JURISDICTION.] The workers' compensation court
of appeals shall have statewide jurisdiction. Except for an
appeal to the supreme court or any other appeal allowed under
this subdivision, the workers' compensation court of appeals
shall be the sole, exclusive, and final authority for the
hearing and determination of all questions of law and fact
arising under the workers' compensation laws of the state in
those cases that have been appealed to the workers' compensation
court of appeals and in any case that has been transferred by
the district court to the workers' compensation court of
appeals. The workers' compensation court of appeals shall have
no jurisdiction in any case that does not arise under the
workers' compensation laws of the state or in any criminal case,
provided that the workers' compensation court of appeals shall
exercise appellate jurisdiction under the laws governing
employees of the state, a county, or other governmental
subdivision who contract tuberculosis and under chapter 352E.
Subd. 3 6. [OATH.] Each judge of the workers' compensation
court of appeals before entering upon the duties of office,
shall take the oath prescribed by law.
Sec. 2. Minnesota Statutes 1988, section 175A.02, is
amended to read:
175A.02 [ADMINISTRATIVE OFFICERS.]
Subdivision 1. [WCCA; CHIEF JUDGE.] The judges of the
workers' compensation court of appeals governor shall choose
designate a chief judge from among their number the judges. The
chief judge shall appoint one of the judges to serve as the
administrator, who shall be have overall responsibility for
administration of the court, including acting as custodian of
the court's files and records and shall coordinate and make
coordinator of hearing assignments. The chief judge who is
appointed the administrator may delegate the duties of
administrator to an employee chosen to be the appoint an
assistant administrator to assist the judge in the performance
of administrative duties. The chief judge shall also have
responsibility for oversight of other judges and court personnel
with respect to timely performance of duties in a professional
manner.
Subd. 2. [DISTRICT COURTS.] The court administrator of
district court in each county shall be the court administrator
of the workers' compensation court of appeals in that county.
Filing fees and library fees deposited with the court
administrator of district court in the capacity as clerk of the
workers' compensation court of appeals and in cases originally
commenced in district court and transferred to the workers'
compensation court of appeals shall be retained by the court
administrator of district court. The workers' compensation
court of appeals court administrator in each county shall be
subject to the supervision of the administrator chief judge
appointed under subdivision 1 in workers' compensation court of
appeals matters.
Sec. 3. Minnesota Statutes 1988, section 175A.05, is
amended to read:
175A.05 [QUORUM.]
A majority of the judges of the workers' compensation court
of appeals shall constitute a quorum for the exercise of the
powers conferred and the duties imposed on the workers'
compensation court of appeals except that all appeals shall be
heard by no more than a panel of three of the five judges unless
the appeal case appealed is determined to be of exceptional
importance by the chief judge prior to assignment of the case to
a panel, or by a four-fifths three-fifths vote of the judges
prior to assignment of the case to a panel or after the case has
been considered by the panel but prior to the service and filing
of the decision. A vacancy shall not impair the ability of the
remaining judges of the workers' compensation court of appeals
to exercise all the powers and perform all of the duties of the
workers' compensation court of appeals.
Sec. 4. Minnesota Statutes 1988, section 175A.07,
subdivision 2, is amended to read:
Subd. 2. [PERSONNEL.] The judges chief judge of the
workers' compensation court of appeals shall appoint in the
manner provided by law all personnel required by the workers'
compensation court of appeals; except that, each judge shall
appoint the judge's own law clerks. The law clerks are in the
unclassified service. The commissioner of administration shall
provide the court with necessary additional staff and
administrative services, and the court shall reimburse the
commissioner for the cost of these services.
Sec. 5. [EFFECTIVE DATE.]
Sections 1 to 4 are effective July 1, 1990.
ARTICLE 2
Section 1. Minnesota Statutes 1989 Supplement, section
15.0575, subdivision 3, is amended to read:
Subd. 3. [COMPENSATION.] Members of the boards must be
compensated at the rate of $48 per $55 a day spent on board
activities, when authorized by the board, plus expenses in the
same manner and amount as authorized by the commissioner's plan
adopted under section 43A.18, subdivision 2. Members who, as a
result of time spent attending board meetings, incur child care
expenses that would not otherwise have been incurred, may be
reimbursed for those expenses upon board authorization. Members
who are full-time state employees or full-time employees of the
political subdivisions of the state may not receive the $48 per
day daily payment, but they may suffer no loss in compensation
or benefits from the state or a political subdivision as a
result of their service on the board. Members who are full-time
state employees or full-time employees of the political
subdivisions of the state may receive the expenses provided for
in this subdivision unless the expenses are reimbursed by
another source. Members who are state employees or employees of
political subdivisions of the state may be reimbursed for child
care expenses only for time spent on board activities that are
outside their normal working hours.
Sec. 2. Minnesota Statutes 1989 Supplement, section
15.059, subdivision 3, is amended to read:
Subd. 3. [COMPENSATION.] Members of the advisory councils
and committees shall must be compensated at the rate of at least
$35 per $55 a day spent on council or committee activities, when
authorized by the council or committee, plus expenses in the
same manner and amount as authorized by the commissioner's plan
adopted pursuant to under section 43A.18, subdivision 2. The
state agency that provides funding for the advisory council or
committee may authorize compensation of up to $48 per day spent
on council or committee activities. Members who, as a result of
time spent attending council or committee meetings, incur child
care expenses that would not otherwise have been incurred, may
be reimbursed for those expenses upon council or committee
authorization. If members who are state employees or employees
of political subdivisions receive the daily compensation, and if
the major part of their activities occur during normal working
hours for which they are also compensated by the state or
political subdivision, the employer shall deduct the daily
compensation from the employee's compensation for the day. In
no other case shall may a member who is an employee of the state
or a political subdivision suffer a loss in compensation or
benefits from the state or political subdivision as a result of
service on the council or committee. Members who are full-time
state employees or full-time employees of the political
subdivisions of the state may receive the expenses provided for
in this section unless the expenses are reimbursed by another
source. Members who are state employees or employees of
political subdivisions of the state may be reimbursed for child
care expenses only for time spent on board activities that are
outside their normal working hours.
Sec. 3. Minnesota Statutes 1988, section 15.16, is amended
to read:
15.16 [TRANSFER OF LANDS BETWEEN DEPARTMENTS.]
Subdivision 1. [AGREEMENT.] In order To facilitate the
transfer of the control of state owned lands between state
departments and agencies of government and to avoid the
necessity of condemning state lands by a department or agency of
government of the state, any a department or agency of the state
government of the State of Minnesota may acquire the control of
state lands for public purposes from the department or agency of
state government having such those lands under its control and
supervision, upon such terms and conditions as may be that are
mutually agreed upon by the heads of the interested state
departments or agencies.
Subd. 2. [EXECUTIVE COUNCIL TO DETERMINE TERMS.] In the
event If the heads of such the departments or agencies acting
under subdivision 1 are unable to agree as to on the terms and
conditions of a transfer of control of these state lands, the
executive council, upon application of a state department or
agency having the power to acquire lands for public purposes,
shall determine the terms and conditions and may order the
transfer of the control of state lands to the department so or
agency requesting the transfer.
Subd. 3. [COMMISSIONER OF FINANCE AND TREASURER TO
TRANSFER FUNDS.] The commissioner of finance and the state
treasurer are hereby authorized and directed to transfer funds
between state departments and agencies to effect the terms and
conditions to transfer the control of real estate
as hereinbefore provided in this section.
Subd. 4. [ATTORNEY GENERAL TO PRESCRIBE FORM OF TRANSFER.]
The transfer of control of real estate as hereinbefore provided
shall under this section must be made on such transfer documents
as prescribed by the attorney general shall prescribe, and all
such the transfer documents shall must be permanently filed in
the office of the commissioner of finance.
Subd. 5. [OBTAINING RECOMMENDATION.] No control of
state-owned lands shall may be transferred between state
departments or agencies without the departments or agencies
first consulting the chairs of the senate finance committee and
house of representatives appropriations committee and obtaining
their recommendations. The recommendations shall be are
advisory only. Failure to obtain a prompt recommendation shall
be is deemed a negative recommendation.
Sec. 4. Minnesota Statutes 1988, section 15.17,
subdivision 1, is amended to read:
Subdivision 1. [MUST BE KEPT.] All officers and agencies
of the state, counties, cities, towns, school districts,
municipal subdivisions or corporations, or other public
authorities or political entities within the state, hereinafter
"public officer," shall make and preserve all records necessary
to a full and accurate knowledge of their official activities.
All government records shall be made on a physical medium of a
quality to insure permanent records. Every public officer, is
empowered to reproduce records if the records are not deemed to
be of permanent or archival value by the commissioner of
administration and the records disposition panel under section
138.17. The public officer is empowered to reproduce these
records by any photographic, photostatic, microphotographic, or
optical disk imaging system, microfilming means which produces
copies meeting, or other reproduction method that clearly and
accurately reproduces the records. If a record is deemed to be
of permanent or archival value, any reproduction of the record
must meet archival standards specified by the Minnesota
historical society and which clearly and accurately reproduces
the records. Each public officer may order that those
photographs, photostats, microphotographs, microfilms, optical
disk images, or other reproductions, be substituted for the
originals of them. The public officer may direct the
destruction or sale for salvage or other disposition of the
originals from which they were made, in accordance with the
disposition requirements of section 138.17. Photographs,
photostats, microphotographs, microfilms, optical disk images,
or other reproductions shall are for all purposes be deemed the
original recording of the papers, books, documents, and records
reproduced when so ordered by any public officer and shall be
are admissible as evidence in all courts and proceedings of
every kind. A facsimile or exemplified or certified copy of a
photograph, photostat, microphotograph, microfilm, optical disk
image, or other reproduction, or an enlargement or reduction of
it, shall have has the same effect and weight as evidence as
would a certified or exemplified copy of the original.
Sec. 5. Minnesota Statutes 1988, section 15.38, is amended
by adding a subdivision to read:
Subd. 8. [AUTHORIZED PURCHASES.] The commissioner of
administration may authorize the purchase of insurance on state
property that agencies of state government deem necessary and
appropriate to protect buildings and contents.
Sec. 6. Minnesota Statutes 1988, section 15.39,
subdivision 1, is amended to read:
Subdivision 1. Notwithstanding the provisions of section
15.38, or any other law to the contrary, the commissioner of the
department of jobs and training of the state of Minnesota may
insure the state of Minnesota purchase insurance against loss by
fire, flood, windstorm, or tornado to state-owned buildings
occupied by said the department, in from any insurance companies
licensed to do business in this state in such an amount as that
the commissioner may from time to time determine and to pay
premiums therefor for the insurance from federal funds granted
for the administration of the department of jobs and training.
Sec. 7. Minnesota Statutes 1988, section 15A.081,
subdivision 7, is amended to read:
Subd. 7. [PART-TIME METROPOLITAN OFFICERS.] The governor
shall set the salary rate within the range set forth below for
the following part-time positions, upon approval of the
legislative commission on employee relations and the legislature
as provided by section 43A.18, subdivisions 2 and 5:
Effective
July 1, 1987
Chair, metropolitan airports
commission $15,000-$25,000
Chair, metropolitan waste control
commission $25,000-$35,000 $25,000-$67,500
Fringe benefits for unclassified employees of the
metropolitan waste control commission shall not exceed those
fringe benefits received by unclassified employees of the
metropolitan council.
Sec. 8. Minnesota Statutes 1988, section 16A.85,
subdivision 2, is amended to read:
Subd. 2. [COVENANTS.] The commissioner of finance may
covenant in a master lease that the state will abide by the
terms and provisions that are customary in net lease or
lease-purchase transactions including, but not limited to,
covenants providing that the state:
(1) will maintain rental interruption, liability, and
casualty insurance notwithstanding section 15.38 as required
under the terms of the lease agreement;
(2) is responsible to the lessor for any public liability
or property damage claims or costs related to the selection,
use, or maintenance of the leased equipment, to the extent of
insurance or self-insurance maintained by the lessee, and for
costs and expenses incurred by the lessor as a result of any
default by the lessee;
(3) authorizes the lessor to exercise the rights of a
secured party with respect to the equipment subject to the lease
in the event of default by the lessee and, in addition, for the
present recovery of lease rentals due during the current term of
the lease as liquidated damages.
Sec. 9. Minnesota Statutes 1988, section 16B.06,
subdivision 4, is amended to read:
Subd. 4. [SUBJECT TO AUDIT.] A contract or any
disbursement of public funds to a provider of services or a
grantee, made by or under the supervision of the commissioner,
an agency, or any county or unit of local government shall must
include, expressly or impliedly, an audit clause that provides
that the books, records, documents, and accounting procedures
and practices of the contractor or other party, relevant to the
contract or transaction are subject to examination by the
contracting agency, and either the legislative auditor or the
state auditor as appropriate. A state contract made for
purchase, lease, or license of software and data from the state
is not required to contain that audit clause.
Sec. 10. Minnesota Statutes 1988, section 16B.09,
subdivision 5, is amended to read:
Subd. 5. [COOPERATIVE AGREEMENTS.] The commissioner may
enter into cooperative purchasing agreements under section
471.59 with cities, counties, towns, school districts, or other
political subdivisions or instrumentalities of a governmental
unit or any entity that is statutorily authorized to purchase
materials and services through state contracts. The
commissioner may charge a fee to cover the commissioner's
administrative expenses to government units that have joint or
cooperative purchasing agreements with the state under section
471.59.
Sec. 11. Minnesota Statutes 1988, section 16B.24,
subdivision 1, is amended to read:
Subdivision 1. [OPERATION AND MAINTENANCE OF BUILDINGS.]
The commissioner is authorized to maintain and operate the state
capitol building and grounds, subject to whatever standards and
policies are set for its appearance and cleanliness by the
capitol area architectural and planning board and the
commissioner pursuant to under section 15.50, subdivision 2,
clause (h), and the state office building, the historical
society building, the Normandale, Anoka-Ramsey, North Hennepin,
Lakewood, Metropolitan, and South East Metropolitan Community
Colleges, the economic security buildings in Minneapolis and St.
Paul, the state department of health building, and the surplus
property building, and their grounds, and, when the commissioner
considers it advisable and practicable, any other building or
premises owned or rented by the state for the use of a state
agency. The commissioner shall assign and reassign office space
in the capitol and state buildings to make an equitable division
of available space among agencies. The power granted in this
subdivision does not apply to state hospitals or to educational,
penal, correctional, or other institutions not enumerated in
this subdivision the control of which is vested by law in some
other agency.
Sec. 12. Minnesota Statutes 1988, section 16B.405,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORIZATION.] To offset the department
of administration's software development costs through the sale
of products developed, The commissioner may sell or license
computer software products or services developed by the
commissioner state agencies or custom developed by a vendor,
through whatever sales method the commissioner considers
appropriate. Prices for the software products or services may
be based on market considerations.
Sec. 13. Minnesota Statutes 1988, section 16B.48, as
amended by Laws 1989, chapter 335, article 4, section 10, is
amended to read:
16B.48 [GENERAL SERVICES AND COMPUTER SERVICES
INTERTECHNOLOGIES REVOLVING FUNDS.]
Subdivision 1. [REIMBURSEMENTS.] Fees prescribed pursuant
to under section 16B.51, for the rendering of the services
provided in that section are deposited in the state treasury by
the collecting agency and credited to the general services
revolving fund.
Subd. 2. [PURPOSE OF FUNDS.] Money in the state treasury
credited to the general services revolving fund and money which
that is deposited in the fund is appropriated annually to the
commissioner for the following purposes:
(1) to operate a central store and equipment service;
(2) to operate a central duplication and printing service;
(3) to purchase postage and related items and to refund
postage deposits as necessary to operate the central mailing
service;
(4) to operate a documents service as prescribed by section
16B.51;
(5) to provide advice and other services to political
subdivisions for the management of their telecommunication
systems;
(6) to provide services for the maintenance, operation, and
upkeep of buildings and grounds managed by the commissioner of
administration;
(7) to provide analytical, statistical, and organizational
development services to state agencies, local units of
government, metropolitan and regional agencies, and school
districts;
(8) to provide capitol security services through the
department of public safety; and
(9) to perform services for any other agency. Money shall
may be expended for this purpose only when directed by the
governor. The agency receiving the services shall reimburse the
fund for their cost, and the commissioner shall make the
appropriate transfers when requested. The term "services" as
used in this clause means compensation paid officers and
employees of the state government; supplies, materials,
equipment, and other articles and things used by or furnished to
an agency; and utility services, and other services for the
maintenance, operation, and upkeep of buildings and offices of
the state government.
Subd. 3. [COMPUTER SERVICES INTERTECHNOLOGIES REVOLVING
FUND.] Money in the computer services intertechnologies
revolving fund is appropriated annually to the commissioner to
operate the division of computer information, records, and
telecommunications services.
Subd. 4. [REIMBURSEMENTS.] Except as specifically provided
otherwise by law, each agency shall reimburse the computer
services intertechnologies and general services revolving funds
for the cost of all services, supplies, materials, labor, and
depreciation of equipment, including reasonable overhead costs,
which the commissioner is authorized and directed to furnish an
agency. The cost of all publications or other materials produced
by the commissioner and financed from the general services
revolving fund shall must include reasonable overhead costs.
The commissioner of finance shall make appropriate transfers to
the revolving funds described in this section when requested by
the commissioner of administration. The commissioner of
administration may make allotments, encumbrances, and, with the
approval of the commissioner of finance, disbursements in
anticipation of such transfers. In addition, the commissioner
of administration, with the approval of the commissioner of
finance, may require an agency to make advance payments to the
revolving funds in this section sufficient to cover the agency's
estimated obligation for a period of at least 60 days. All such
reimbursements and other money received by the commissioner of
administration under this section shall must be deposited in the
appropriate revolving fund. Any earnings remaining in the fund
established to account for the documents service prescribed by
section 16B.51 at the end of each fiscal year not otherwise
needed for present or future operations, as determined by the
commissioners of administration and finance, shall must be
transferred to the general fund.
Subd. 5. [LIQUIDATION.] If the computer services
intertechnologies or general services revolving fund is
abolished or liquidated, the total net profit from the operation
of each fund shall must be distributed to the various funds from
which purchases were made. The amount to be distributed to each
fund shall must bear to such the net profit the same ratio as
the total purchases from each fund bears to the total purchases
from all the funds during such the same period of time as shall
fairly reflect the amount of net profit each fund is entitled to
receive under the distribution required by this section.
Sec. 14. Minnesota Statutes 1989 Supplement, section
16B.54, subdivision 2, is amended to read:
Subd. 2. [VEHICLES.] (a) [ACQUISITION FROM AGENCY;
APPROPRIATION.] The commissioner may direct an agency to make a
transfer of a passenger motor vehicle or truck presently
currently assigned to it. The transfer must be made to the
commissioner for use in the central motor pool. The
commissioner shall reimburse an agency whose motor vehicles have
been paid for with funds dedicated by the constitution for a
special purpose and which are assigned to the central motor
pool. The amount of reimbursement for a motor vehicle is its
average wholesale price as determined from the midwest edition
of the national automobile dealers association official used car
guide.
(b) [PURCHASE.] To the extent that funds are available for
the purpose, the commissioner may purchase or otherwise acquire
additional passenger motor vehicles and trucks necessary for the
central motor pool. The title to all motor vehicles assigned to
or purchased or acquired for the central motor pool is in the
name of the department of administration.
(c) [TRANSFER AT AGENCY REQUEST.] On the request of an
agency, the commissioner may transfer to the central motor pool
any passenger motor vehicle or truck for the purpose of
disposing of it. The department or agency transferring the
vehicle or truck shall must be paid for it from the motor pool
revolving account established by this section in an amount equal
to two-thirds of the average wholesale price of the vehicle or
truck as determined from the midwest edition of the National
Automobile Dealers Association official used car guide.
(d) [VEHICLES; MARKING.] The commissioner shall provide
for the uniform marking of all motor vehicles. Motor vehicle
colors must be selected from the regular color chart provided by
the manufacturer each year. The commissioner may further
provide by rule for the use of motor vehicles without uniform
coloring or marking by the governor, the lieutenant governor,
the division of criminal apprehension, division of gambling
enforcement, arson investigators of the division of fire marshal
in the department of public safety, financial institutions
division of the department of commerce, division of state
lottery in the department of gaming, the department of
revenue, the investigative staff of the department of jobs and
training, and the office of the attorney general.
Sec. 15. Minnesota Statutes 1988, section 136.24,
subdivision 1, is amended to read:
Subdivision 1. [PROPRIETARY PURCHASES.] Technical
educational equipment may be procured for the state universities
on request of the state university board either by brand
designation or in accordance with standards and specifications
the board may promulgate, notwithstanding the provisions
competitive bidding requirements of chapter 16B to the
contrary. The procurement is still subject to supervision by
the office of information systems management under section
16B.41.
Sec. 16. Minnesota Statutes 1988, section 136.622,
subdivision 1, is amended to read:
Subdivision 1. [PROPRIETARY PURCHASES.] Technical
educational equipment may be procured for the state community
colleges on request of the state board for community colleges
either by brand designation or in accordance with standards and
specifications the board may promulgate, notwithstanding the
competitive bidding requirements of chapter 16B. The
procurement is still subject to supervision by the office of
information systems management under section 16B.41.
Sec. 17. Minnesota Statutes 1988, section 138.17,
subdivision 1, is amended to read:
Subdivision 1. [DESTRUCTION, PRESERVATION, REPRODUCTION OF
RECORDS; PRIMA FACIE EVIDENCE.] The attorney general,
legislative auditor in the case of state records, state auditor
in the case of local records, and director of the Minnesota
historical society, hereinafter director, shall constitute the
records disposition panel. The members of the panel shall have
power by unanimous consent to direct the destruction or sale for
salvage of government records determined to be no longer of any
value, or to direct the disposition by gift to the Minnesota
historical society or otherwise of government records determined
to be valuable for preservation. The records disposition panel
may by unanimous consent order any of those records to be
reproduced by photographic or other means, and order that
photographic or other reproductions be substituted for the
originals of them. It may direct the destruction or sale for
salvage or other disposition of the originals from which they
were made. Photographic or other reproductions shall for all
purposes be deemed the originals of the records reproduced when
so ordered by the records disposition panel, and shall be
admissible as evidence in all courts and in proceedings of every
kind. A facsimile, exemplified or certified copy of a
photographic, optical disk imaging, or other reproduction, or an
enlargement or reduction of it, shall have the same effect and
weight as evidence as would a certified or exemplified copy of
the original. The records disposition panel, by unanimous
consent, may direct the storage of government records, except as
herein provided, and direct the storage of photographic or other
reproductions. Photographic or other reproductions substituted
for original records shall be disposed of in accordance with the
procedures provided for the original records. For the purposes
of this chapter: (1) The term "government records" means state
and local records, including all cards, correspondence, discs,
maps, memoranda, microfilms, papers, photographs, recordings,
reports, tapes, writings, optical disks, and other data,
information or documentary material, regardless of physical form
or characteristics, storage media or conditions of use, made or
received by an officer or agency of the state and an officer or
agency of a county, city, town, school district, municipal
subdivision or corporation or other public authority or
political entity within the state pursuant to state law or in
connection with the transaction of public business by an officer
or agency; (2) The term "state record" means a record of a
department, office, officer, commission, commissioner, board or
any other agency, however styled or designated, of the executive
branch of state government; a record of the state legislature; a
record of any court, whether of statewide or local jurisdiction;
and any other record designated or treated as a state record
under state law; (3) The term "local record" means a record of
an agency of a county, city, town, school district, municipal
subdivision or corporation or other public authority or
political entity; (4) The term "records" excludes data and
information that does not become part of an official
transaction, library and museum material made or acquired and
kept solely for reference or exhibit purposes, extra copies of
documents kept only for convenience of reference and stock of
publications and processed documents, and bonds, coupons, or
other obligations or evidences of indebtedness, the destruction
or other disposition of which is governed by other laws; (5) The
term "state archives" means those records preserved or
appropriate for preservation as evidence of the organization,
functions, policies, decisions, procedures, operations or other
activities of government or because of the value of the
information contained in them, when determined to have
sufficient historical or other value to warrant continued
preservation by the state of Minnesota and accepted for
inclusion in the collections of the Minnesota historical society.
Sec. 18. Minnesota Statutes 1988, section 138.17, is
amended by adding a subdivision to read:
Subd. 9. [OPTICAL DISK STANDARDS.] The records disposition
panel shall develop standards for storage of all government
records on optical disk by January 1, 1991.
Sec. 19. Minnesota Statutes 1988, section 214.07,
subdivision 2, is amended to read:
Subd. 2. [SUMMARY OF BOARD REPORTS.] Not later than
December 15 of each even-numbered year, the commissioner of
health with respect to the health-related licensing boards and
the commissioner of administration with respect to the
non-health-related boards shall prepare summary reports
compiling the information required by subdivision 1, clauses (b)
and (g) to (p) and contained in the reports submitted by the
boards the preceding year pursuant to subdivision 1. The
summary reports shall must also specify the staff and services
provided by the departments department to each board. The
summary reports shall must be distributed to the legislature
pursuant to under section 3.195 and to the governor.
Sec. 20. Minnesota Statutes 1988, section 214.09,
subdivision 3, is amended to read:
Subd. 3. [COMPENSATION.] Members of the boards shall must
be compensated at the rate of $35 per $55 a day spent on board
activities, when authorized by the board, plus expenses in the
same manner and amount as authorized by the commissioner's plan
adopted according to under section 43A.18, subdivision 2.
Members who, as a result of time spent attending board meetings,
incur child care expenses that would not otherwise have been
incurred, may be reimbursed for those expenses upon board
authorization. If members who are full-time state employees or
employees of the political subdivisions of the state receive
the $35 per day daily payment, and if the major part of their
activities occur during normal working hours for which they are
also compensated by the state or political subdivision, the
employer shall deduct the $35 daily payment from the employee's
compensation for that day. In no other case shall may a board
member who is an employee of the state or political subdivision
suffer a loss in compensation or benefits as a result of service
on the board. Members who are state employees or employees of
the political subdivisions of the state may receive the expenses
provided for in this subdivision unless the expenses are
reimbursed by another source. Members who are state employees
or employees of political subdivisions of the state may be
reimbursed for child care expenses only for time spent on board
activities that are outside their normal working hours.
Sec. 21. Minnesota Statutes 1988, section 473.141,
subdivision 3, is amended to read:
Subd. 3. [CHAIR.] The chair of each agency shall be
appointed by the governor with the advice and consent of the
senate, shall be the ninth voting member and shall meet all
qualifications established for members, except the chair need
only reside within the metropolitan area. The council, by
resolution after a public meeting on the subject, shall provide
the governor with a list of nominees for the position. Senate
confirmation is as provided by section 15.066. The chair shall
preside at all meetings of the agency, if present, and shall
perform all other duties and functions assigned by the agency or
by law. The chair is responsible for providing leadership in
development policy, coordinating the activities of the agency
board, establishing and appointing committees of the board,
chairing the internal audit committee, ensuring effective
communication between the agency and other governmental entities
and the general public, ensuring that the board is fully
informed of the activities of the chief administrator and the
agency, ensuring that the chief administrator implements the
policies of the board and is held accountable to the board, and
evaluating the chief administrator's performance. Each agency
may appoint from among its members a vice-chair to act for the
chair during temporary absence or disability.
Sec. 22. Minnesota Statutes 1988, section 600.135,
subdivision 1, is amended to read:
Subdivision 1. [RECORDS; DESTRUCTION, PHOTOGRAPHIC
COPIES.] If any business, institution, member of a profession or
calling, or any department or agency of government, in the
regular course of business or activity has kept or recorded any
memorandum, writing, entry, print, representation or combination
thereof, of any act, transaction, occurrence or event, and in
the regular course of business has caused any or all of the same
to be recorded, copied or reproduced by any photographic,
photostatic, microfilm, microcard, miniature
photographic, optical disk imaging, or other process which
accurately reproduces or forms a durable medium for so
reproducing the original, the original may be destroyed in the
regular course of business unless held in a custodial or
fiduciary capacity or unless its preservation is required by
law. Such reproduction, when satisfactorily identified, is as
admissible in evidence as the original itself in any judicial or
administrative proceeding whether the original is in existence
or not and an enlargement or facsimile of such reproduction is
likewise admissible in evidence if the original reproduction is
in existence and available for inspection under direction of
court. The introduction of a reproduced record, enlargement or
facsimile, does not preclude admission of the original.
Sec. 23. [APPLICATION.]
Sections 7 and 21 apply in the counties of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, and Washington and are
effective the day following final enactment.
Sec. 24. [REPEALER.]
Minnesota Statutes 1989 Supplement, section 16B.465,
subdivision 5, is repealed.
Sec. 25. [EFFECTIVE DATE.]
Sections 15 and 16 are effective July 1, 1990.
Presented to the governor April 24, 1990
Signed by the governor April 26, 1990, 11:19 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes