In vetoing SB218 Governor Arnold Schwarzenegger said he was for openness and transparency but felt that defining private auxiliary organizations as public under state public records acts would cause the state to lose the support of the organizations when the higher educations institutions were suffering significant budget cuts. In regard to SB 242, the governor said no business could be expected to accommodate all customers speaking languages other than English and as a result businesses could be subject to frivolous suits based on allegations of different treatment. -DB
Office of the Governor
California State Government
Press Release
October 12, 2009
To the Members of the California State Senate:
I am returning Senate Bill 218 without my signature.
While I am a firm believer in providing openness and transparency when it involves public
entities and public funding, this bill inappropriately defines private auxiliary organizations as a
state or local public agency for purposes of the California Public Records Act (CPRA).
Subjecting the altruistic activities of private donors and volunteers to the CPRA will have a
chilling effect on their support and service, if they believe their personal privacy could be
compromised. Hindering private giving of time and resources becomes a detriment to our higher
education institutions.
Enacting this bill would result in a loss of private donations and volunteer activities supporting
California public institutions of higher education, at a time when the University of California,
California State University, and Community College campuses are facing significant reductions
in state funding during this difficult fiscal situation.
For these reasons, I am unable to sign this bill.
Sincerely,
Arnold Schwarzenegger
To the Members of the California State Senate:
I am returning Senate Bill 242 without my signature.
This bill would make it a violation of the Unruh Civil Rights Act for a business
establishment to require, limit, or prohibit the use of any language by a client, patron or
customer unless the language restriction is necessary for the safe and efficient operation
of the business and a less discriminatory alternative does not exist.
While no one should be treated differently based on their race or national origin, no
single business can accommodate every language spoken in California. Unfortunately,
under this measure, any business that treats customers differently because the business
may not be able to effectively communicate with the customer could then be required to
justify such disparate treatment in a court of law.
Since this measure would have the unintended effect of increasing frivolous lawsuits
against businesses, I am unable to sign this bill.
Sincerely,
Arnold Schwarzenegger