BILL ANALYSIS
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THIRD READING
Bill No: ACR 177
Author: Yamada (D), et al
Amended: As introduced
Vote: 21
WITHOUT REFERENCE TO COMMITTEE OR FILE
ASSEMBLY FLOOR : Read and adopted, 8/5/10
SUBJECT : 20th Anniversary of the Americans with
Disabilities Act
SOURCE : California Association of Public Authorities
United Domestic Workers
DIGEST : This resolution recognizes July 26, 2010, as the
20th anniversary of the Americans with Disabilities Act
(ADA); California's In-Home Supportive Services program is
the cornerstone of California's compliance with the ADA;
progress has been made to comply with the act, reaffirming
the principles of equality and inclusion set forth in that
act; and in recognition of the 20th anniversary of the ADA,
recommits the Legislatures efforts to reach full compliance
with the ADA.
ANALYSIS : This resolution makes the following
legislative findings:
1. On July 26, 1990, President George H. Bush signed into
law the ADA which established a clear and comprehensive
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national mandate for the elimination of discrimination
against individuals with disabilities.
2. The "integration mandate" of the ADA, which requires
public agencies to provide services in the most
integrated setting appropriate to the needs of qualified
individuals with disabilities, was upheld by the United
States Supreme Court in the Olmstead decision, and
California's nationally recognized In-Home Supportive
Services program is the foundation of California's
efforts to comply with the Olmstead decision.
3. The ADA is the most comprehensive civil rights bill in
history for persons with disabilities, and the 20th
anniversary of the ADA is a milestone worthy of
acknowledgment and celebration.
This resolution recognizes July 26, 2010, as the 20th
anniversary of the ADA; California's In-Home Supportive
Services program is the cornerstone of California's
compliance with the ADA; progress has been made to comply
with the act, reaffirming the principles of equality and
inclusion set forth in that act; and in recognition of the
20th anniversary of the ADA, recommits the Legislatures
efforts to reach full compliance with the ADA.
FISCAL EFFECT : Fiscal Com.: No
SUPPORT : (Verified 8/20/10)
California Association of Public Authorities (co-source)
United Domestic Workers (co-source)
ARGUMENTS IN SUPPORT : One of the sponsors of this
resolution, the California Association of Public
Authorities, writes the following:
"The ADA provides a valuable tool to remove barriers that
prevent people with disabilities from enjoying the same
opportunities that are available to individuals without
disabilities. The Act provides for broad
nondiscrimination protection for individuals with
disabilities in employment, public services, public
accommodations and services provided by private entities,
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transportation and communications. The enactment of the
ADA twenty years ago reaffirmed our nation's commitment
to the needs of the people with disabilities. It is our
duty to ensure that this commitment continues.
"In adopting the ADA, Congress recognized that
'historically, society has tended to isolate and
segregate individuals with disabilities, and, despite
some improvements, such forms of discrimination against
individuals with disabilities continue to be a serious
and pervasive social problem,' and that 'individuals with
disabilities continually encounter various forms of
discrimination, including outright intentional exclusion,
... failure to make modifications to existing facilities
and practices, ... [and] segregation.' To this end, ADA
regulations require provision of services in the most
integrated setting possible, 'A public entity shall
administer services, programs, and activities in the most
integrated setting appropriate to the needs of qualified
persons with disabilities.' The most integrated setting
is defined as 'a setting that enables individuals with
disabilities to interact with non-disabled persons to the
fullest extent possible.' This mandate serves one of the
principal purposes of Title II of the ADA: ending the
isolation and segregation of disabled persons."
CTW:mw 8/23/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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