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S1419......................................................by STATE AFFAIRS SOVEREIGN IMMUNITY WAIVER - Adds to existing law to provide for a limited waiver of sovereign immunity for any person, including an employee, former employee or prospective employee of the state, who is aggrieved by any conduct, action or inaction of the state that would constitute a violation of the Americans with Disabilities Act; and to define "state." 02/24 Senate intro - 1st rdg - to printing 02/27 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1419 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE WAIVER OF SOVEREIGN IMMUNITY OF THE STATE OF IDAHO; AMENDING 3 CHAPTER 59, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 4 67-5908A, IDAHO CODE, TO PROVIDE FOR A LIMITED WAIVER OF SOVEREIGN IMMU- 5 NITY FOR ANY PERSON, INCLUDING AN EMPLOYEE, FORMER EMPLOYEE OR PROSPECTIVE 6 EMPLOYEE OF THE STATE, WHO IS AGGRIEVED BY ANY CONDUCT, ACTION OR INACTION 7 OF THE STATE THAT WOULD CONSTITUTE A VIOLATION OF THE AMERICANS WITH DIS- 8 ABILITIES ACT AND TO DEFINE "STATE." 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Chapter 59, Title 67, Idaho Code, be, and the same is 11 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 12 ignated as Section 67-5908A, Idaho Code, and to read as follows: 13 67-5908A. WAIVER OF SOVEREIGN IMMUNITY. (1) Notwithstanding the rights, 14 procedures and remedies afforded in the district court for violation of this 15 act, any person, including an employee, former employee or prospective 16 employee of the state, who is aggrieved by any conduct, action or inaction of 17 the state that would constitute a violation of the Americans with disabilities 18 act of 1990, 42 U.S.C. section 12101 et seq., as amended, may bring and main- 19 tain a civil action under such act against the state in state or federal 20 court. For this limited purpose the sovereign immunity of the state is waived. 21 (2) "State" as used herein, shall have the same meaning as provided in 22 section 6-902, Idaho Code.
STATEMENT OF PURPOSE RS 16077 From 1990 until 2001, the Americans with Disabilities Act (ADA), 41 U.S.C. 12101, et seq., was applied equally to state governments and all other employers and places of public accommodation. In 2001, a majority of the U.S. Supreme Court held that the "sovereign immunity" of the 11th Amendment to the U.S. Constitution prohibits suits against any state in ADA cases, unless the state consents. Board of Trustees of Univ. of Alabama v. Garrett, 531 U.S. 356, 379 (2001). Just as Idaho has waived sovereign immunity in other cases, this bill would ensure that the state government is liable for discrimination against individuals with disabilities in the same way as any employer, any business or any level of government, except state government. If enacted, it will place the same duties of non-discrimination and reasonable accommodation on the state as every other governmental and private employer. It will provide people with disabilities the same legal protections and remedies in dealing with the state as exists with every other level of government or private business. FISCAL NOTE There is no immediate impact to the General Fund; however, there could be a potential fiscal impact in the future if state government is found to be liable for violating protections afforded by federal law in favor of persons with disabilities. Contact Name: Kelly Buckland, Executive Director, Idaho State Independent Living Council Phone: 334-3800 STATEMENT OF PURPOSE/FISCAL NOTE S 1419