SENIOR SENATE PROPOSAL NO. 12

INTRODUCED BY SENIOR SENATOR SMITH

LEGISLATIVE COUNSEL'S DIGEST

SP 12: EMERGENCY ROADSIDE ASISTANCE: DISABLED PERSONS.

UNDER EXISTING LAW, THE DEPARTMENT OF THE CALIFORNIA HIGHWAY PATROL (CHP), IN COOPERATION WITH THE DEPARTMENT OF TRANSPORTATION (DOT), IS RESPONSIBLE FOR THE RAPID REMOVAL OF IMPEDIMENTS TO TRAFFIC ON HIGHWAYS WITHIN THE STATE, AND EXISTING LAW AUTHORIZES THE CHP TO ENTER INTO AGREEMENTS WITH EMPLOYERS FOR FREEWAY PATROL SERVICES UNDER AN AGREEMENT OR CONTRACT WITH A REGIONAL OR LOCAL ENTITY. EXISTING LAW FURTHER MAKES VARIOUS LEGISLATIVE FINDINGS AND DECLARATIONS RELATING TO THE NEED TO PROVIDE EMERGENCY ROADSIDE ASSISTANCE, AS DEFINED, TO PERSONS WHO ARE STRANDED ON THE STATE’S HIGHWAYS.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR, NOTWITHSTANDING ANY OTHER LAW, TO ENACT LEGISLATION THAT WOULD ENSURE THAT APPROPRIATE EMERGENCY ROADSIDE ASSISTANCE IS PROVIDED IN A UNIFORM MANNER STATEWIDE AND AT NO COST TO DISABLED PERSONS IN THIS STATE WHO, DUE TO THEIR PHYSICAL LIMITATIONS, NEED TO USE A WHEELCHAIR.

VOTE: MAJORITY.

SP 12: RELATING TO EMERGENCY ROADSIDE ASSISTANCE

WHEREAS, IN CERTAIN AREAS IN THIS STATE, A DISABLED PERSON WHO IS CONFINED TO A WHEELCHAIR AND WHO REQUIRES EMERGENCY ROADSIDE ASSISTANCE IS REQUIRED TO COVER THE COST OF THAT ROADSIDE ASSISTANCE, INCLUDING ANY COSTS ASSOCIATED WITH THE REMOVAL AND TRANSPORTATION OF THE WHEELCHAIR FROM A HIGHWAY; AND

WHEREAS, IN SITUATIONS IN WHICH THE CHP CALLS, ON BEHALF OF A DISABLED PERSON WHO IS STRANDED ON A STATE HIGHWAY, TO REQUEST A TOW TRUCK OR OTHER SPECIAL TRANSPORTATION NECESSARY TO ASSIST THE DISABLED PERSON, THE DISABLED PERSON WHO NEEDS TO USE A WHEELCHAIR MAY BE REQUIRED TO COVER THE COST OF EMERGENCY ROADSIDE ASSISTANCE AND RELATED COST FOR THE TRANSPORT OF HIS OR HER WHEELCHAIR; 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 2011 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT LEGISLATION BE ENACTED THAT WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR, NOTWITHSTANDING ANY OTHER LAW, TO ENACT LEGISLATION THAT WOULD ENSURE THAT APPROPRIATE EMERGENCY ROADSIDE ASSISTANCE IS PROVIDED IN A UNIFORM MANNER STATEWIDE AND AT NO COST TO DISABLED PERSONS IN THIS STATE WHO, DUE TO THEIR PHYSICAL LIMITATIONS, NEED TO USE A WHEELCHAIR; 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.

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RN 11 18139