AMENDED IN SENIOR ASSEMBLY OCTOBER 17, 2006

SENIOR SENATE PROPOSAL NO.23

INTRODUCED BY SENIOR SENATOR MULHOLLAND

LEGISLATIVE COUNSEL’S DIGEST

SP 23: AMERICANS WITH DISABILITIES ACT: TRANSPORTATION ASSISTANCE.

UNDER EXISTING LAW, THE FEDERAL AMERICANS WITH DISABILITIES ACT (ADA) AND CORRESPONDING PROVISIONS OF CALIFORNIA LAW GENERALLY REQUIRE PUBLIC TRANSPORTATION SYSTEMS SUCH AS TRAINS AND BUSES TO BE ACCESSIBLE TO ALL PEOPLE, INCLUDING THOSE WITH DISABILITIES.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE TRANSPORTATION SYSTEMS SUBJECT TO THE ADA AND OTHER APPLICABLE STATE AND FEDERAL LAWS TO PUBLISH IN THEIR COMPANY NEWSPAPERS, COMPANY MAGAZINES, AND ANY OTHER MEANS OF COMMUNICATION GUIDELINES FOR ALL EMPLOYEES TO UNDERSTAND THE REQUIREMENTS OF THE ADA. THE MEASURE WOULD ALSO MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION TO REQUIRE THOSE ENTITIES TO PROVIDE INFORMATION ABOUT AVAILABLE ADA TRANSPORTATION SERVICES TO INSURANCE COMPANIES IN THE UNITED STATES AND TO THE PUBLIC IN NEWSPAPERS, NEWSLETTERS, MULTIPURPOSE AND SENIOR CENTERS, AND TO USE OTHER MEANS AVAILABLE TO REACH THE DISABLED COMMUNITY.

VOTE: MAJORITY.

SP 23: RELATING TO AMERICANS WITH DISABILITIES ACT: TRANSPORTATION ASSISTANCE

WHEREAS, SENIORS AND DISABLED TRAVELERS WHO USE MASS TRANSPORTATION, INCLUDING PUBLIC AND PRIVATE TRAINS, PLANES, AND BUSES OFTEN DO NOT KNOW HOW TO SEEK ASSISTANCE WHEN TRAVELING ON MASS TRANSPORTATION SUBJECT TO THE REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT (ADA); AND

WHEREAS, THERE ARE NO SPECIFIC REQUIREMENTS OF PRIVATE, STATE, COUNTY, AND CITY TRANSIT SYSTEMS TO NOTIFY THE DISABLED PUBLIC REGARDING THE RIGHT TO RECEIVE ASSISTANCE WHEN TRAVELING PURSUANT TO THE ADA; AND

WHEREAS, NEWSLETTERS SUCH AS “MAKING TRACKS” PUBLISHED BY THE DEPARTMENT OF TRANSPORTATION (CALTRANS) HAVE NOT REGULARLY INCLUDED INFORMATION TO HELP NOTIFY THE DISABLED COMMUNITY AND SENIORS OF THE TYPE OF ASSISTANCE AVAILABLE TO THEM BASED ON DISABILITY OR AGE; AND

WHEREAS, WHILE THE DISABLED COMMUNITY IS OFTEN AWARE OF PARATRANSIT SERVICES AVAILABLE, MANY ARE NOT AWARE OF PUBLIC TRANSIT SYSTEMS THAT PROVIDE TRANSPORTATION ASSISTANCE; AND

WHEREAS, EMPLOYEES OF VARIOUS TRANSPORTATION SYSTEMS OVERSEEN BY THE DEPARTMENT OF TRANSPORTATION ARE NOT ALWAYS AWARE THAT THE ADA REQUIRES THEM TO PROVIDE ASSISTANCE AND TRAINING TO THE DISABLED COMMUNITY; AND

WHEREAS, SENIORS AND DISABLED TRAVELERS OFTEN DO NOT KNOW TO CALL THE DISABILITY LINE OR CUSTOMER SERVICE DEPARTMENTS OF COMPANIES SUCH AS AMTRAK AND GREYHOUND AND CONSEQUENTLY NEVER LEARN OF PROGRAMS THAT ARE AVAILABLE TO THEM UNDER THE ADA WHEN TRAVELING: 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 2006 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE LEGISLATURE ENACT LEGISLATION TO REQUIRE BOTH PUBLIC AND PRIVATE TRANSPORTATION SYSTEMS SUBJECT TO THE ADA AS WELL AS ALL OTHER APPLICABLE FEDERAL AND STATE LAWS AND REGULATED BY THE DEPARTMENT OF TRANSPORTATION (1) TO PUBLISH IN THEIR COMPANY NEWSPAPERS, COMPANY MAGAZINES, OR ANY OTHER MEANS OF COMMUNICATION GUIDELINES FOR ALL EMPLOYEES TO UNDERSTAND THE REQUIREMENTS OF THE ADA AND (2) TO PROVIDE INFORMATION ABOUT AVAILABLE ADA ACCOMMODATIONS AND SERVICES TO THE PUBLIC IN NEWSPAPERS, NEWSLETTERS, MULTIPURPOSE AND SENIOR CENTERS, OR TO USE ANY OTHER MEANS OF COMMUNICATION AVAILABLE TO REACH THE DISABLED COMMUNITY; 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 SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN2006196617

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