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Bill

S 726

Ethan's Law

119th Congress Introduced by Angela Alsobrooks and 33 co-sponsors

Bill S 726 allows individuals with disabilities to sue the state for ADA violations, enhancing accountability and access to justice for discrimination and barriers faced.

Introduced in Senate
0
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Bill Summary · S 726

Summary of Bill S 726

Overview

Bill S 726 aims to waive the state's sovereign immunity in both state and federal courts concerning liability under the Americans with Disabilities Act of 1990 (ADA) and certain other federal acts. This legislative measure seeks to enhance the ability of individuals with disabilities to seek legal recourse against the state for violations of their rights under these federal laws.

Purpose and Intent

The primary intent of Bill S 726 is to ensure that individuals with disabilities have the opportunity to hold the state accountable for non-compliance with the ADA and similar federal statutes. By waiving sovereign immunity, the bill facilitates access to justice for those who may have faced discrimination or barriers due to their disabilities.

Key Provisions

  • Waiver of Sovereign Immunity: The bill explicitly waives the state's sovereign immunity, allowing individuals to bring lawsuits against the state in both state and federal courts for violations of the ADA and specified federal acts.
  • Scope of Liability: The legislation clarifies that the state can be held liable for damages and other remedies available under the ADA, thereby aligning state law with federal standards regarding disability rights.
  • Applicable Federal Acts: While the bill primarily focuses on the ADA, it also encompasses other federal acts that protect the rights of individuals with disabilities, although specific acts are not detailed in the provided information.

Affected Parties

  • Individuals with Disabilities: The primary beneficiaries of this bill are individuals with disabilities who may seek legal action against the state for discrimination or failure to provide reasonable accommodations.
  • State Government: The state will be subject to lawsuits regarding compliance with the ADA and other federal disability rights laws, potentially leading to increased legal costs and the need for policy adjustments.

Legislative Timeline

  • Introduced: January 08, 2025
  • Referred to Codes Committee: January 08, 2025
  • Amended and Recommitted: April 01, 2025
  • Current Print Number: 726A (as of April 01, 2025)

Related Legislation

Bill S 726 is part of a broader legislative context, with several related bills from prior sessions, including:
- S 7026
- S 3249
- S 383
- S 2833
- S 6698
- S 1522
- S 5208
- S 1119
- S 1164
- A 2589 (companion bill)

These related bills may address similar issues or provide additional context regarding the state's obligations under federal disability rights laws.

Conclusion

Bill S 726 represents a significant step towards enhancing legal protections for individuals with disabilities by allowing them to challenge the state in court for violations of the ADA and related federal acts. The waiver of sovereign immunity is a critical change that could lead to greater accountability and improved accessibility for individuals with disabilities within the state.

Compiled from official sources — confirm details with the bill’s official record.

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