Subdivision 1. Definitions. For purposes of this section, "records" means any publicly available 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. Upon request by an individual, records must be made available within a reasonable time period 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. 2a. Exemptions. Notwithstanding any law to the contrary except Laws 2009, chapter 131, this section does not apply to: (1) technology procured or developed prior to January 1, 2013, unless substantially modified or substantially enhanced after January 1, 2013; or (2) records that cannot be reasonably modified to be accessible without an undue burden as defined in section 16E.015, subdivision 4, to the public entity.
Subd. 3. Penalties. Violation of this section is subject to a penalty of $500 per violation, plus reasonable attorney fees, costs and disbursements, payable to a qualified disabled person under section 363A.03, subdivision 36, who sought the accessible record under subdivision 2, by the public entity in violation of this section. The total amount of penalties payable to any individual or class regardless of the number of violations is limited to $15,000. In any class action or series of class actions which arise from a violation of this section, the amount of attorney fees awarded against the violating public entity may not exceed $15,000. Any action must be commenced within one year of the occurrence of the alleged violation.
2010 c 271 s 2; 2010 c 347 art 1 s 22
Structure Minnesota Statutes
Chapters 363 - 363A — Human Rights
Section 363A.02 — Public Policy.
Section 363A.03 — Definitions.
Section 363A.04 — Construction And Exclusivity.
Section 363A.05 — Department Of Human Rights.
Section 363A.06 — Powers And Duties Of Commissioner.
Section 363A.07 — Local Commissions.
Section 363A.09 — Unfair Discriminatory Practices Relating To Real Property.
Section 363A.10 — Real Property; Disability Discrimination.
Section 363A.11 — Public Accommodations.
Section 363A.12 — Public Services.
Section 363A.13 — Educational Institution.
Section 363A.14 — Aiding And Abetting And Obstruction.
Section 363A.16 — Credit Discrimination.
Section 363A.17 — Business Discrimination.
Section 363A.20 — Exemption Based On Employment.
Section 363A.21 — Exemption Based On Real Property.
Section 363A.22 — Exemption Based On Familial Status In Housing.
Section 363A.23 — Exemption Based On Education.
Section 363A.24 — Exemption Based On Public Accommodations.
Section 363A.25 — Exemption Based On Disability.
Section 363A.26 — Exemption Based On Religious Association.
Section 363A.27 — Construction Of Law.
Section 363A.30 — District Court, Review Orders Of Panel Or Examiner; Enforcement; Misdemeanor.
Section 363A.31 — Limitations On Waiver.
Section 363A.32 — Department Attorney.
Section 363A.331 — Actions Involving Architectural Barriers That Limit Accessibility.
Section 363A.34 — Notice Of Appeal To Commissioner.
Section 363A.35 — Access To Case Files.
Section 363A.36 — Certificates Of Compliance For Public Contracts.
Section 363A.37 — Certificates Of Compliance.
Section 363A.38 — Manufactured Home Parks.
Section 363A.39 — Affirmative Marketing Regulations.
Section 363A.40 — Rental Housing Priority; Accessible Units.
Section 363A.41 — Criminal Code; Effect.
Section 363A.42 — Public Records; Accessibility.
Section 363A.43 — Continuing Education; Accessibility.
Section 363A.44 — Equal Pay Certificate.
Section 363A.50 — Nondiscrimination In Access To Transplants.