HF428 (Legislative Session 94 (2025-2026))

Correspondence in government record retention law defined, and minimum three-year retention period for correspondence provided.

Related bill: SF1988

AI Generated Summary

This Minnesota legislative bill focuses on updating the laws related to the management and preservation of government records. The key components of the bill include:

  1. Definition and Retention of Correspondence: The bill defines correspondence related to government business to include any written or electronic text communication such as emails or letters that document the activities of government agencies, officials, and their staff. Correspondence must be retained for at least three years.

  2. Responsibilities for Records: The bill outlines that each agency's chief administrative officer is responsible for the protection, preservation, and maintenance of government records. Procedures are detailed for the repair and proper preservation of these records when necessary.

  3. Reproduction and Disposal of Records: The bill allows for records that are not of permanent value to be reproduced using methods like photography or microfilming, after which originals may be disposed of. Reproductions are to be treated as original records and are admissible in court.

  4. Records Disposition Panel: A designated panel, which includes the attorney general and other officials, is empowered to direct either the preservation or the disposal of government records, determining which records are of lasting value and which are not.

  5. Exclusions from Definition of Records: Certain items are explicitly excluded from being considered as records, such as library materials (unless part of a transaction), duplicate copies of documents made for reference, and unsolicited advertising materials.

  6. Records Maintenance Schedule: Each governmental unit must establish a schedule approved by the Records Disposition Panel that details the time period each type of record must be retained before it can be legally disposed of.

By passing this bill, the Minnesota legislature intends to ensure a systematic approach to the management of government records, enhancing transparency and accountability in government operations.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 12, 2025HouseFloorActionIntroduction and first reading, referred toJudiciary Finance and Civil Law

Citations

 
[
  {
    "analysis": {
      "added": [
        "Defines the mediums on which government records can be recorded and the powers of public officers to reproduce and substitute records."
      ],
      "removed": [],
      "summary": "The bill amends Minnesota Statutes 2024 section 15.17 regarding the retention and preservation of government records.",
      "modified": [
        "Clarifies responsibility for maintaining records and methods of reproduction for record retention."
      ]
    },
    "citation": "15.17"
  },
  {
    "analysis": {
      "added": [
        "Establishes that government correspondence must be retained for at least three years.",
        "Explicitly includes electronic communications in the definition of correspondence."
      ],
      "removed": [],
      "summary": "The bill modifies Minnesota Statutes 2024 section 138.17 concerning the management and disposal of records by government agencies.",
      "modified": [
        "Updates the roles of various officials and panels in managing record disposition."
      ]
    },
    "citation": "138.17"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill includes a reference to section 13.02 regarding the handling of not public data during record disposal.",
      "modified": [
        "Specifies the manner of destruction for records containing not public data to protect their contents."
      ]
    },
    "citation": "13.02"
  }
]