Print Friendly SENATE BILL NO. 1419 – Sovereign immunity waiver, when
SENATE BILL NO. 1419
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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 - 2006
IN 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
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
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.
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.
Name: Kelly Buckland, Executive Director, Idaho State Independent
STATEMENT OF PURPOSE/FISCAL NOTE S 1419