SF 1785

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/04/2021 03:42pm

A bill for an act
relating to data practices; clarifying the accessibility requirements for public data
under the Minnesota Government Data Practices Act; expanding the application
of electronic information accessibility standards to Minnesota State Colleges and
Universities and school districts; providing a process for responding to accessibility
complaints; amending Minnesota Statutes 2020, sections 13.03, subdivision 1;
16E.03, subdivision 9, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 13.03, subdivision 1, is amended to read:

Subdivision 1.

Public data.

All government data collected, created, received, maintained
or disseminated by a government entity shall be public unless classified by statute, or
temporary classification pursuant to section 13.06, or federal law, as nonpublic or protected
nonpublic, or with respect to data on individuals, as private or confidential. The responsible
authority in every government entity shall keep records containing government data in such
an arrangement and condition as to make them easily accessible for convenient use new text begin and
must comply with section 363A.42 as applied to all government data new text end . Photographic,
photostatic, microphotographic, or microfilmed records shall be considered as accessible
for convenient use regardless of the size of such records.

Sec. 2.

Minnesota Statutes 2020, section 16E.03, subdivision 9, is amended to read:

Subd. 9.

Accessibility standards.

(a) The chief information officer shall develop
accessibility standards applicable to technology, software, and hardware procurement, with
the exception of infrastructure hardware. The standards shall not impose an undue burden
on the state.

(b) The chief information officer shall require state agencies to adhere to the standards
developed under this subdivision unless an exception is approved pursuant to subdivision
10. Except as provided in paragraph (c), the standards developed under this section must
incorporate section 508 of the Rehabilitation Act, United States Code, title 29, section 794d,
as amended by the Workforce Investment Act of 1998, Public Law 105-220, August 7,
1998, and the Web Content Accessibility Guidelines, 2.0. The chief information officer
must review subsequent revisions to section 508 of the Rehabilitation Act and to the Web
Content Accessibility Guidelines and may incorporate the revisions in the accessibility
standards.

(c) If the chief information officer determines that any standard developed under this
subdivision poses an undue burden to the state, the chief information officer may modify
the burdensome standard, provided written findings and rationale are made explaining the
deviation.

new text begin (d) The accessibility standards developed by the chief information officer under paragraph
(a) apply to state agencies; to Minnesota State Colleges and Universities as defined in section
136F.01, subdivision 4; and to school districts, independent districts, and special districts
as defined in section 120A.05.
new text end

Sec. 3.

Minnesota Statutes 2020, section 16E.03, is amended by adding a subdivision to
read:

new text begin Subd. 12. new text end

new text begin Accessibility standards complaints. new text end

new text begin (a) A person who believes an agency,
Minnesota state college or university, or school district covered by subdivision 9, paragraph
(d), has not complied with accessibility standards established under subdivision 9, paragraph
(a), and has been aggrieved by the alleged noncompliance may file a complaint. The
complaint must be on a form developed by the chief information officer. The complaint
must be filed with the responsible authority designated under section 13.02, subdivision 16,
for the agency, Minnesota state college or university, or school district covered by subdivision
9, paragraph (d).
new text end

new text begin (b) Within 30 days of receipt of the complaint, the agency, Minnesota state college or
university, or school district covered by subdivision 9, paragraph (d), must respond to the
complainant. The response may include a plan and timetable for accessibility improvements
or may explain why an improvement imposes an undue burden. A copy of the response
must be sent to the chief information officer.
new text end

new text begin (c) If the complainant is not satisfied with the response under paragraph (b), the
complainant may file a charge with the Department of Human Rights under section 363A.28,
subdivision 1.
new text end