Minnesota Session Laws - 1990, Regular Session

  

                         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.