NEW ACCESSIBILITY LEGISLATION

On April 26, 2010 Governor Tim Pawlenty signed into law new legislation that amends the Minnesota Human Rights Act and requires that records be accessible to people with disabilities in the three branches of state government, MNSCU, the University of Minnesota, all cities, towns, counties and school districts and political subdivisions. The law also requires that accommodations be made for people with disabilities in all continuing education and professional development courses offered by the University of Minnesota and MNSCU. If the entities do not comply, they will be subject to a $500 fine per violation, plus attorney fees, costs and disbursements payable to a person with disabilities who files a legitimate claim. The law becomes effective in January 2013.

How did such a bill become law? Representative Torrey Westrom offered the amendment to a bill related to the training of counselors who work with people who are blind. It was accepted by the chief authors, passed unanimously on the House and Senate floors and was signed by the governor. There were no committee hearings and no public testimony. We have asked the Disability Law Center to provide their analysis of the new law and share it with you.

This is the strongest legislation that we know of in any state.

Sec. 2. [363A.42] PUBLIC RECORDS; ACCESSIBILITY.

Subdivision 1. Definitions. For purposes of this section, “records” means any recorded information that is collected, created, received, maintained or disseminated by the executive, judicial or legislative branches of the state, the Minnesota State Colleges and Universities, the University of Minnesota, cities, towns, counties, school districts and all other political subdivisions of the state, regardless of physical form or method of storage.
Subd. 2. Accessibility. All records must be available to persons with disabilities in a manner consistent with state and federal laws prohibiting discrimination against persons with disabilities. Reasonable modifications must be made in any policies, practices and procedures that might otherwise deny equal access to records to individuals with disabilities.
Subd. 3. Penalties. Violation of this section is subject to a penalty of $500 per violation, plus attorney fees, costs and disbursements, payable to a qualified disabled person under section 363A.03, subdivision 36, by the public entity in violation of this section.
EFFECTIVE DATE. This section is effective January 1, 2013.

Sec. 3. [363A.43] CONTINUING EDUCATION; ACCESSIBILITY.

Subdivision 1. Accessibility. Any continuing education or professional development course, offering, material or activity approved or administered by the state, political subdivisions of the state, the University of Minnesota or the Minnesota State Colleges and Universities, must be available to persons with disabilities in a manner consistent with state and federal laws prohibiting discrimination against persons with disabilities. Reasonable modifications must be made in any policies, practices and procedures that might otherwise deny equal access to continuing education or professional development to individuals with disabilities.
Subd. 2. Penalties. Violation of this section is subject to a penalty of $500 per violation, plus attorney fees, costs and disbursements, payable to a qualified disabled person under section 363A.03, subdivision 36, by the public entity or the entity offering the course, material, or activity under a contract with a public entity.
EFFECTIVE DATE. This section is effective January 1, 2013.