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SF1988 (Legislative Session 94 (2025-2026))

Correspondence in government record retention law correspondence definition; three-year retention period for correspondence establishment

Related bill: HF428

AI Generated Summary

This bill seeks to amend Minnesota's government record retention laws by explicitly defining correspondence as part of government records and establishing a minimum three-year retention period for such correspondence.

Key Provisions of the Bill:

  1. Definition of Correspondence: The bill introduces a definition of "correspondence" in state law, including written or electronic text-based communication to or from government officials and staff when it documents decisions, business, or functions of a government agency or entity. Personal messages, social event announcements, and unsolicited advertising are excluded.

  2. Retention of Government Records:

    • The bill affirms the obligation of public officers and agencies to preserve government records and includes correspondence as part of those records.
    • It dictates that correspondence must be retained for at least three years from its creation or receipt.

  3. Government Records Management:

    • Requires each government agency, county, municipality, and subdivision to maintain a program for managing records efficiently.
    • Agencies must prepare an inventory of records, including retention schedules, subject to approval by the Records Disposition Panel (comprising the Attorney General, Legislative Auditor, State Auditor, and the Director of the Minnesota Historical Society).
    • If a record is approved for disposal, a list of disposed records must be maintained.

  4. Destruction of Non-Public Records:

    • When disposing of records that contain "not public data," they must be destroyed in a way that prevents their contents from being determined.

Impact of the Bill:

  • Ensures that official communications related to government decisions and operations are retained for public accountability.
  • Establishes a clear legal framework for correspondence retention.
  • Helps prevent premature deletion of government records that may have historical, legal, or administrative value.

This bill is an effort to enhance transparency and accountability in Minnesota government recordkeeping.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 26, 2025HouseFloorActionIntroduction and first reading
February 26, 2025SenateFloorActionIntroduction and first reading
February 26, 2025HouseFloorActionReferred toJudiciary and Public Safety
February 26, 2025SenateFloorActionReferred toJudiciary and Public Safety

Citations

 
[
  {
    "analysis": {
      "added": [
        "Clarification on types of records considered for disposal."
      ],
      "removed": [],
      "summary": "Amends government record disposal protocols in this section.",
      "modified": [
        "Updates terminology including the definition of 'correspondence'."
      ]
    },
    "citation": "138.17",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [
        "Minimum three-year retention period for correspondence."
      ],
      "removed": [],
      "summary": "Specifies retention period for correspondence records.",
      "modified": []
    },
    "citation": "138.17",
    "subdivision": "subdivision 7"
  }
]

Sponsors