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New Law Assures Government Records Access for People with Disabilities

Gov. Pawlenty signed into law a bill that requires government entities, including cities, to make all records available to people with disabilities.
(Published Apr 28, 2010)

Gov. Pawlenty on April 26 signed Chapter 271, a bill that requires government entities, including cities, to make all records available to people with disabilities “in a manner consistent with state and federal laws prohibiting discrimination against persons with disabilities.” The new law adds stiff penalties for non-compliance and is effective Jan. 1, 2013.

The bill originally provided for certification for rehabilitation counselors, but was amended on the House floor to add the access language.

Already required under federal ADA
The federal Americans with Disabilities Act (ADA), originally passed in 1990, generally prohibits discrimination on the basis of disability. Title II of the ADA already requires governmental entities, including cities, to provide individuals access to all programs and services offered by the entity, including physical and programmatic access to programs, services, and activities.

Specifically, Title II of the ADA requires that city governments ensure that communications with individuals with disabilities are as effective as communications with others. This means that cities must provide appropriate auxiliary aids and services for people with disabilities (e.g., qualified interpreters, note-takers, computer-aided transcription services, assistive listening systems, written materials, audio recordings, computer disks, large print, or Braille materials) to ensure that individuals with disabilities will be able to participate in the range of city services and programs. The city is not required to take any actions that will result in an undue financial or administrative burden or a fundamental alteration in the nature of the program or activity. The Department of Justice has two ADA documents that are helpful for cities: ADA Guide for Small Towns and The ADA and City Governments: Common Problems.

Possible conflict with MGDPA
Chapter 271 defines records to be any recorded information that is collected, created, received, maintained or disseminated by a government entity, regardless of the physical form or method of storage. This definition could cause confusion for any level of government that must comply with the Minnesota Government Data Practices Act (MGDPA) because it does not distinguish between public and non-public data. However, under the MGDPA, the city cannot release “any” data, but rather is generally limited to releasing data that is public or otherwise authorized by law. The MGDPA imposes significant civil and criminal penalties for violations of the law. (Minnesota Statutes, sections 13.08 and 13.09.)

The new law similarly requires that continuing education or professional development course, offering, material, or activity approved by the state or a political subdivision must be made available to individuals with disabilities in a manner consistent with state and federal laws prohibiting discrimination against those with disabilities.

The new Minnesota law carries a stiff penalty for failure to comply with any of its provisions. Violations of the new law carry a penalty of $500 per violation, plus attorney fees, costs, and disbursements.

No local impact note
Despite the bill’s potential impact on cities, the amended bill was never referred to the State and Local Government Committees in either the House or the Senate. The amendment was added on the House floor during final passage of the bill. In addition, no state fiscal note or local impact note was ever prepared for this new mandate. These notes attempt to quantify the impact of a proposed law in order to inform legislators of the fiscal ramifications of a proposed bill.

Since this new law does not take effect until Jan. 1, 2013, changes could be made before the effective date. Stay tuned to the Cities Bulletin and other League resources for any updates on this law.

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