BILL NUMBER: SB 1760	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Perata, Burton, and Chesbro

                        FEBRUARY 20, 2004

   An act to add Section 128 to the Government Code, relating to
sovereign immunity.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1760, as introduced, Perata.  Sovereign immunity: waiver:
Americans with Disabilities Act of 1990.
   Pursuant to the Eleventh Amendment to the United States
Constitution, a state under certain circumstances may be immune to
suit under federal laws without its consent.
   No provision of existing state law expressly provides for consent
by the state to suit under the federal Americans with Disabilities
Act of 1990.
   This bill would expressly provide that the state consents to be
sued in state or federal court by any person seeking to enforce
rights or obtain remedies afforded by the federal act, and would
prohibit any public agency, as defined, from asserting immunity
against those suits.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 128 is added to the Government Code, to read:
   128.  (a) The State of California consents to be sued in state or
federal court by any person seeking to enforce rights or obtain
remedies afforded by the Americans with Disabilities Act of 1990 (42
U.S.C. Sec. 12101 et seq.), and its implementing regulations.
   (b) In any action brought pursuant to the federal law described in
subdivision (a), no immunity from suit may be asserted by any public
agency pursuant to the Eleventh Amendment to the United States
Constitution, and any immunity is hereby waived.
   (c) For purposes of this section, "public agency" means the state,
its agencies, officers, and employees, and its political
subdivisions, including, but not limited to, charter cities, and
instrumentalities.