1.1 	A bill for an act
1.2 	relating to data practices; modifying records management requirements; 
1.3 	changing emergency records preservation requirements;amending Minnesota 
1.4 	Statutes 2004, section 138.17, subdivisions 7, 8.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 138.17, subdivision 7, is amended to read:
1.7 		Subd. 7.Records management program. A records management program for the 
1.8 	application of efficient and economical management methods to the creation, utilization, 
1.9 	maintenance, retention, preservation, and disposal of official records shall be administered 
1.10 	by the commissioner of administration with assistance from the director of the historical 
1.11 	society. The State Records Center which stores and services state records not in state 
1.12 	archives shall be administered by the commissioner of administration. The commissioner 
1.13 	of administration is empowered to (1) establish standards, procedures, and techniques for 
1.14 	effective management of government records, (2) make continuing surveys of paper work 
1.15 	operations, and (3) recommend improvements in current records management practices 
1.16 	including the use of space, equipment, and supplies employed in creating, maintaining, 
1.17 	preserving and disposing of government records. It shall be the duty of the head of each 
1.18 	state agency and the governing body of each county, municipality, and other subdivision 
1.19 	of government to cooperate with the commissioner in conducting surveys and to establish 
1.20 	and maintain an active, continuing program for the economical and efficient management 
1.21 	of the records of each agency, county, municipality, or other subdivision of government. 
1.22 	When requested by the commissioner, Public officials shall assist in the preparation of
1.23 	prepare an inclusive inventory of records in their custody, to which shall be attached 
1.24 	a schedule, approved by the head of the governmental unit or agency having custody 
2.1 	of the records and the commissioner, establishing a time period for the retention or 
2.2 	disposal of each series of records. When the schedule is unanimously approved by the 
2.3 	records disposition panel, the head of the governmental unit or agency having custody 
2.4 	of the records may dispose of the type of records listed in the schedule at a time and in 
2.5 	a manner prescribed in the schedule for particular records which were created after the 
2.6 	approval. A list of records disposed of pursuant to this subdivision shall be maintained by 
2.7 	the governmental unit or agency.

2.8 	Sec. 2. Minnesota Statutes 2004, section 138.17, subdivision 8, is amended to read:
2.9 		Subd. 8.Emergency records preservation. In light of the danger of nuclear or 
2.10 	natural disaster, the commissioner of administration, with the assistance of the director 
2.11 	of the historical society, shall establish and maintain a program for the selection and 
2.12 	preservation of public records considered essential to the operation of government and to 
2.13 	the protection of the rights and interests of persons, and shall make or cause to be made 
2.14 	preservation duplicates or designate as preservation duplicates existing copies of such 
2.15 	essential public records. Preservation duplicates shall be durable, accurate, complete, and 
2.16 	clear, and such duplicates reproduced by photographic or other process which accurately 
2.17 	reproduces and forms a durable medium for so reproducing the original shall have the 
2.18 	same force and effect for all purposes as the original record whether the original record is 
2.19 	in existence or not. A transcript, exemplification, or certified copy of such preservation 
2.20 	duplicate shall be deemed for all purposes to be a transcript, exemplification, or certified 
2.21 	copy of the original record. Such preservation duplicates shall be preserved in the place 
2.22 	and manner of safekeeping prescribed by the commissioner.
2.23 	Every county, municipality, or other subdivision of government may institute 
2.24 	a program for the preservation of necessary documents essential to the continuity of 
2.25 	government in the event of a disaster or emergency. Such a program shall first be 
2.26 	submitted to the commissioner for approval or disapproval and no such program shall be 
2.27 	instituted until such approval is obtained.