SB 1760 Perata !!VETOED!! CDR Co-Sponsored "Soverign Immunity Waiver for the ADA"

!!VETOED!! Wednesday, September 29th
To the Members of the California State Senate:
I am returning Senate Bill 1760 without my signature.
The State of California provides civil and administrative protections against disability
discrimination that are as broad as those provided under federal law. In many instances,
California disability laws provide more extensive remedies than those contained in
federal law. It is, therefore, unnecessary to subject the State to suit under the Americans
with Disabilities Act. SB 1760 would expressly waive the State’s sovereign immunity
under the Eleventh Amendment of the United States Constitution and permit the State of
California to be sued for violations of the Americans with Disabilities Act.
For these reasons I am unable to support this measure.
Sincerely,
Arnold Schwarzenegger
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Passed both houses...on to the Governor's desk. Please send your letters of support!

SB1760 would provide that the State of California consents to be sued instate or federal court by any person seeking to enforce rights or obtainremedies afforded by the ADA.
Further, it prohibits any public agencyinvolved an action under the ADA to assert that they have any immunity fromsuit under the Eleventh Amendment to the United States Constitution.
Recent U.S. Supreme Court decisions have interpreted the Eleventh Amendmentas providing the state immunity from suits by individuals with disabilitieswho have been injured by discrimination in violation of the ADA.
However, the court has made clear that the states are free to waive theirimmunity and consent to be sued by statute.
It is the purpose of SB1760 to make it clear that the State of Californiawaives this immunity, to achieve the intention of Congress in enacting theADA. Congress intended to hold states accountable for discriminationagainst people with disabilities.
In addition, California has long been aleader in protecting the civil rights of persons with disabilities, and hasnot tried to immunize itself from responsibility under the ADA.
I ask that you pass SB 1760, and thereby reaffirm the State¹s commitment tothe civil rights of persons with disabilities. This is a very importantissue for all persons with disabilities. Without an effective enforcementmethod, the ADA is a hollow promise.
Thank you for the opportunity to present my views on this issue.

SB1775 Ortiz !SIGNED! State Disability Access and ADA

SB 1775, Ortiz. Public buildings: disability access.
An act to amend Sections 4450 and 4454 of the Government Code,relating to disability access, and making an appropriation therefor.
In no case shall the State Architect's regulations andbuilding standards prescribe a lesser standard of accessibility orusability than provided by the Accessibility Guidelines prepared bythe federal Access Board as adopted by the United States Departmentof Justice to implement the Americans with Disabilities Act of 1990(Public Law 101-336)

SB1234 Kuehl !SIGNED! Hate Crimes/PWD's

SB 1234, Kuehl. Crimes: civil rights.
This bill would revise and recast the provisions relating to hatecrimes by, among other things, providing a definition for the term"hate crime." This bill would reduce the above property damage amountto $400. Because this bill would change the definition of existingcrimes and expand the scope of an existing crime, it would impose astate-mandated local program. Under existing law, the Commission on Peace Officer Standards andTraining is required to establish and keep updated a continuingeducation classroom training course relating to law enforcementinteraction with developmentally disabled and mentally ill persons.The course is required to contain core instruction in specifiedareas. This bill would change the term "developmentally disabled andmentally ill persons" to "mentally disabled persons." This billwould include in the course instruction by July 1, 2006, instructionon the fact that the crime was committed in whole or in part becauseof an actual or perceived disability of the victim is a hate crime.The bill would require the commission, using available funding, todevelop by July 1, 2005, a 2-hour telecourse to be made available toall law enforcement agencies in California on crimes against homelesspersons and on how to deal effectively and humanely with homelesspersons, including homeless persons with disabilities. Thetelecourse would be required to include information on multimissioncriminal extremism, as defined.

AB2982 Pacheco !SIGNED! County Disability ReEmployment

AB 2982, Pacheco. County employees' retirement: disabilityretirement.
Under the County Employees Retirement Law of 1937, after theboard of retirement determines that a member of the retirement systemhas been incapacitated for the performance of his or her duties butis capable of performing other duties, the appropriate county agencyis requested to initiate and implement a rehabilitation plan pursuantto specified provisions of the Labor Code, which have been repealed. This bill would require the appropriate county agency, after theboard of retirement makes that determination with respect to a memberwho is incapacitated on or after January 1, 2004, to notify themember of suitable county positions and to consult with the member todevelop a reemployment plan for approval by the member, asspecified. (2) Existing law provides that, if a member of a county retirementsystem, without reasonable cause, refuses an offer of alternativework within one year after being determined to be eligible for adisability retirement allowance, the agency employing the member mayhave the member's disability allowance discontinued. This bill would make that provision applicable only to members whowere incapacitated before January 1, 2004. (3) The bill would declare that it is to take effect immediatelyas an urgency statute.

AB20 Leiber !SIGNED! Victims of Crime - PWD Exceptions

AB 20, Lieber. Victims of crime.
Existing law provides that a leading question may be asked ofa child witness who is under 10 years of age in specified casesinvolving prosecution of physical, mental, or sexual abuse. This bill would expand this provision to provide that leadingquestions may be asked of a dependent person with a substantialcognitive impairment in the same circumstance.
Existing law provides that it is a crime for any person who isa caretaker to willfully and lewdly commit any lewd or lasciviousact upon a dependent adult with specified intent punishable byimprisonment in the state prison for 1, 2, or 3 years or byimprisonment in a county jail. If the crime is committed by use offorce, duress, menace, or fear of immediate and unlawful bodilyinjury on the victim or another person, the crime is punishable byimprisonment in the state prison for 3, 6, or 8 years. This bill would make these provisions applicable to all dependentpersons regardless of age. Because this bill would change thedefinition of a crime, this bill would impose a state-mandated localprogram.
This bill would expand this provision to allow the court to closethe testimony of, and relating to, a dependent person with asubstantial cognitive impairment to the public.
Other provisions....

SB1725 Knight !SIGNED! PWD Parking Priveleges

SB 1725, Knight. Vehicles: disabled person: disabled veterans:parking privileges.
This bill would require the department, upon a request to thedepartment by a local or state public law enforcement agency or localagency responsible for the administration or enforcement of parkingregulations, to make available to the requesting agency anyinformation contained in a physician's certificate submitted to thedepartment as part of an application for a special license plate fora disabled person's parking privileges. The bill would authorizelocal authorities to establish a review board or panel for purposesof reviewing information contained in the applications for specialparking privileges and the certification of qualifying disabilitiesfor persons residing within the jurisdiction of the local authority.Any findings or determinations by the review board or panelindicating that an application or certification is fraudulent orlacks proper certification would be transmitted to the department orother appropriate authorities for further review and investigation.

AB1592 Committee !SIGNED! Disabled Vet Enterprise

AB 1592, Committee on Veterans Affairs. California DisabledVeteran Business Enterprise Program.
The bill would specify that the Department of General Services isthe administering agency of the California Disabled Veteran BusinessEnterprise Program except in the case of contracts for professionalbond services, would specify the duties of the Department of GeneralServices in meeting that requirement, would set standards for meetingthe program's participation goals, and would specify reportingcriteria regarding contracts entered into by awarding departmentsthat participate in the program.

AB323 Parra !SIGNED! NonProfit Vet's Service Small Bus Preferential Bid

AB 323, Parra. Nonprofit veteran service agencies.
A nonprofit veteran service agency shall be eligiblefor certification as a small business under the Small BusinessProcurement and Contract Act, as described in Chapter 6.5 (commencingwith Section 14835) of Part 5.5 of Division 3 of Title 2 of theGovernment Code, and may be granted a small business bid preferenceif it meets all of the following conditions.....