BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SJR 35|
          |Office of Senate Floor Analyses   |                         |
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                                 THIRD READING


          Bill No:  SJR 35
          Author:   Corbett (D)
          Amended:  As introduced
          Vote:     21

           
           WITHOUT REFERENCE TO COMMITTEE OR FILE
           

           SUBJECT  :    Americans with Disabilities Act of 1990

           SOURCE  :     Disability Rights, CA
                      Foundation of Independent Lives Centers


           DIGEST  :    This bill commemorates the 20th anniversary of  
          the federal Americans with Disabilities Act of 1990,  
          encourages all Californians to recognize and celebrate the  
          important historical significance of the act, and reaffirms  
          the Legislature's commitment to, and urges the Untied  
          States Congress to reaffirm its commitment to, the civil  
          and constitutional rights of Americans with disabilities.

           ANALYSIS  :    

          Resolutions findings:

          1. July 26, 2010, marks the 20th anniversary of the signing  
             of the Americans with Disabilities Act of 1990.

          2. The Americans with Disabilities Act of 1990 was one of  
             the most significant pieces of civil rights legislation  
             since the Civil Rights Act of 1964.
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          3. This landmark legislation ensures that more than 58  
             million Americans receive the same basic freedoms of  
             independence, equal access, freedom of choice, and  
             inclusion afforded to every citizen of our country, and  
             established the world's first comprehensive prohibition  
             of discrimination on the basis of disability.

          4. Prior to the passage of the Americans with Disabilities  
             Act, people with disabilities were excluded and  
             segregated from public life; denied a public education;  
             subject to discrimination in housing, employment, and  
             access to public spaces and resources; and forcibly  
             institutionalized.

          5. The Americans with Disabilities Act was passed because  
             existing federal and state laws were insufficient to  
             address the pervasive discrimination that existed for  
             Americans with disabilities.

          6. People with disabilities campaigned for empowerment and  
             the right to live independently in the community.

          7. They fought for legal protection from discrimination;  
             the right to receive quality treatment or services; the  
             right to refuse treatment or services; due process in  
             all professional or governmental decisionmaking  
             affecting them; equal access to public transportation,  
             employment, state and local government programs and  
             services, and public accommodations; and, most  
             fundamentally, opposition to forced institutionalization  
             and, correspondingly, the right to services to support  
             living in the community.

          8. These advancements were based on the principle of  
             self-determination, involving individual choices in  
             daily living, and a collective political voice on the  
             part of disability communities in the formulation of  
             public policies and programs that affect them, expressed  
             in the political demand: "Nothing About Us, Without Us".

          9. Congress passed the Americans with Disabilities Act with  
             overwhelming bipartisan majorities after two years of  
             extensive and exhaustive hearings detailing the  







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             staggering isolation faced by people with disabilities,  
             and President George H.W. Bush signed the bill into law  
             on July 26, 1990.

          10.Commemorating the 20th anniversary of the signing of the  
             Americans with Disabilities Act both highlights the  
             achievements that people with disabilities have gained  
             since passage of the act and recognizes the work left to  
             be done to ensure that Americans with disabilities are  
             fully able to participate in society.

          11.Californians are committed to living in a state where we  
             are united by our belief in the dignity of every  
             individual, by our responsibility to advance the common  
             good, and by our understanding that what we choose to do  
             in our own lifetime matters.

          This bill commemorates the 20th anniversary of the federal  
          Americans with Disabilities Act of 1990, encourages all  
          Californians to recognize and celebrate the important  
          historical significance of the act, and reaffirms the  
          Legislature's commitment to, and urges the United States  
          Congress to reaffirm its commitment to, the civil and  
          constitutional rights of Americans with disabilities.

           FISCAL EFFECT :    Fiscal Com.:  No

           SUPPORT  :   (Verified  8/3/10)

          Disability Rights, CA (co-source)
          Foundation of independent Lives Centers (co-source)


          CTW:do  8/3/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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