SENIOR SENATE PROPOSAL NO. 6

INTRODUCED BY SENIOR SENATOR ERVEN

(COAUTHOR:  ASSEMBLY SENIOR MEMBER WALKER)

LEGISLATIVE COUNSEL'S DIGEST

SP 6:  DRIVER'S LICENSES AND PHOTO IDENTIFICATION CARDS: DISABLED LOGO.

UNDER EXISTING LAW, THE DEPARTMENT OF MOTOR VEHICLES IS AUTHORIZED TO ISSUE DISABLED PERSONS PARKING PLACARDS AND LICENSE PLATES TO PERMANENTLY AND TEMPORARILY DISABLED PERSONS.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO IMPRINT THE "WHEELCHAIR SYMBOL" ACCESS LOGO ON ALL ISSUED AND RENEWED DRIVER'S LICENSES AND PHOTO IDENTIFICATION CARDS, IN ADDITION TO ISSUING EXISTING DISABLED PERSON PLACARDS AND LICENSE PLATES, TO THOSE PERSONS WHO MEET THE SPECIFIED REQUIREMENTS.

VOTE: MAJORITY.

SP 6: RELATING TO DRIVER'S LICENSES AND PHOTO IDENTIFICATION CARDS OF DISABLED PERSONS

WHEREAS, THE DEPARTMENT OF MOTOR VEHICLES (DMV) HAS DESIGNED AND DESIGNATED FORM REG 195 AS THE APPLICATION FOR DISABLED PERSON PLACARDS AND PLATES; AND

WHEREAS, SECTIONS 295.5, 295.7, 5007, 22511.55, 22511.56, 22511.58, AND 22511.59 OF THE VEHICLE CODE AUTHORIZE DMV TO ISSUE DISTINCTIVE PERMANENT (BLUE; NO CHARGE) PLACARDS AND LICENSE PLATES BEARING THE INTERNATIONALLY RECOGNIZED "WHEELCHAIR SYMBOL" ACCESS LOGO, UPON RECEIPT OF FORM REG 195 WHEN A DISABLING CONDITION IS AUTHENTICATED BY THE SIGNATURE OF A LICENSED PHYSICIAN, CHIROPRACTOR, OPTHALMOLOGIST, OR OPTOMETRIST; AND

WHEREAS, THERE ARE NUMEROUS SENIORS AND DEPENDENT ADULTS WHO ARE AUTHORIZED TO POSSESS AND UTILIZE DISABLED PERSON PARKING PLACARDS DUE TO CONDITIONS ENUMERATED ON FORM REG 195; AND

WHEREAS, THE MAJORITY OF THOSE SENIORS AND DEPENDENT ADULTS DO NOT REQUIRE THE USE OF A WHEELCHAIR, WALKER, CRUTCHES, OR A CANE IN ORDER TO MOVE ABOUT; HOWEVER THEIR HEALTH CARE PROVIDER DEEMED IT MEDICALLY NECESSARY TO RECEIVE AND USE A DISABLED PERSON PLACARD; AND

WHEREAS, THE SCIENCE OF PROSTHETIC ENGINEERING ENABLES PERSONS WHO HAVE SUFFERED THE LOSS OF A LOWER EXTREMITY TO BE MOBILE WITHOUT THE CONTINUAL NEED OF A WHEELCHAIR, WALKER, CRUTCHES, OR A CANE.  DISABLED PARKING SPACES ALLOW A PERSON TO PARK CLOSER TO HIS OR HER DESTINATION AND THEREBY HELPS TO RELIEVE THE DISCOMFORT ASSOCIATED WITH WEARING PROSTHETIC DEVICES; AND

WHEREAS, THERE ARE TIMES WHEN A DISABLED PERSON WHO DOES NOT REQUIRE THE CONTINUAL USE OF A WHEELCHAIR, WALKER, CROTCHES, OR CANE HAS A PHYSICAL CONDITION THAT BECOMES PAINFUL OR UNCOMFORTABLE DURING PERIODS OF PROLONGED STANDING OR WHEN ASCENDING OR DESCENDING STEPS; AND

WHEREAS, THE CARRYING OF THE BLUE PLACARD TO IDENTIFY A DISABLED PERSON IS NOT GENERALLY CONVENIENT OR POSSIBLE AS IT IS DESIGNED TO BE UTILIZED IN A PARKED VEHICLE. THERE IS A NEED FOR THE "WHEELCHAIR SYMBOL" ACCESS LOGO TO BE IMPRINTED ON A DISABLED PERSON'S DRIVER'S LICENSE OR PHOTO IDENTIFICATION CARD TO SERVE AS A FORM OF DISABLED PERSON IDENTIFICATION; AND

WHEREAS, AIRLINE BOARDING POLICIES GENERALLY PERMIT A DISABLED PERSON UTILIZING A WHEELCHAIR, WALKER, CRUTCHES, OR CANE TO BOARD THE AIRCRAFT PRIOR TO REGULAR PASSENGERS TO PREVENT FURTHER INJURY AND SPEED UP THE BOARDING PROCESS. HAVING THE "WHEELCHAIR SYMBOL" ACCESS LOGO ON THE FORM OF IDENTIFICATION OF A DISABLED PERSON WITHOUT WALKING AIDS WOULD EXPEDITE THE PROCESS OF IDENTIFYING PREBOARDING PASSENGERS; AND

WHEREAS, CRUISE SHIP BOARDING PROCEDURES GENERALLY FOLLOW THE INTENSIVE SCREENING OF PASSENGERS AND BAGGAGE AT AN AIRPORT, AND THE WHEEL CHAIR SYMBOL LOGO ON IDENTIFICATION WILL SERVE TO IDENTIFY PASSENGERS WHO MAY HAVE DIFFICULTY USING STAIRWAYS DURING THE "LIFE BOAT DRILL" AND WHO SHOULD RECEIVE SIMILAR ACCOMMODATION TO THOSE USING WALKING DEVICES OR WHEELCHAIRS; AND

WHEREAS, ELEVATORS AT SOME AIRPORTS AND CRUISE LINE TERMINALS ARE RESERVED FOR DISABLED PERSONS, AND SOME EMPLOYEES MISTAKENLY CONCLUDE THAT A PASSENGER WITHOUT A WHEELCHAIR OR WALKING DEVICE ARE PROHIBITED FROM USING THEM; AND

WHEREAS, ACCOMMODATIONS ABOARD A BUS, RAILWAY CAR, OR OTHER PUBLIC TRANSPORTATION OFTEN HAVE DESIGNATED SEATING FOR DISABLED PERSONS, AND A DISABLED PERSON NOT USING A WHEELCHAIR OR WALKING DEVICE MAY BE PROHIBITED FROM USING THEM; AND

WHEREAS, THEATERS, THEME PARKS, PUBLIC PARKS, RESTAURANTS, AND OTHER PLACES OF PUBLIC ASSEMBLY IDENTIFY FACILITIES FOR THE USE OF DISABLED PERSONS, AND THE WHEELCHAIR SYMBOL ON A DRIVER'S LICENSE OR PHOTO IDENTIFICATION CARD WILL VERIFY THE LEGITIMATE USE OF THESE FACILITIES BY DISABLED PERSONS; AND

WHEREAS, IT IS IMPRACTICAL FOR A DISABLED PERSON TO CARRY THE CERTIFICATE OR RECEIPT ACCOMPANYING THE ISSUANCE OF A DISABLED PERSON PLACARD ON HIS OR HER PERSON; NOW, THEREFORE BE IT

RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2003 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE LEGISLATURE AND GOVERNOR OF THE STATE OF CALIFORNIA REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO IMPRINT THE "WHEELCHAIR SYMBOL" ACCESS LOGO ON ALL ISSUED AND RENEWED DRIVER'S LICENSES AND PHOTO IDENTIFICATION CARDS ON OR AFTER JANUARY 1, 2005, OF DISABLED PERSONS WHO PROVIDE A COPY OF HIS OR HER DISABLED PERSON PLACARD IDENTIFICATION CARD OR RECEIPT THAT ACCOMPANIED THE DISABLED PERSON PLACARD, AND IF A DISABLED PERSON SO DESIRES, TO IMPRINT THAT LOGO ON AN EXISTING DRIVER'S LICENSE OR PHOTO IDENTIFICATION CARD FOR A FEE EQUAL TO THE FEE REGULARLY CHARGED FOR REPLACEMENT OF A DRIVER'S LICENSE OR PHOTO IDENTIFICATION CARD; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN0316342

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