SENIOR SENATE FEDERAL PROPOSAL NO. 9

INTRODUCED BY SENIOR SENATOR ERVEN

LEGISLATIVE COUNSEL'S DIGEST

SFP 9:  DRIVER'S LICENSE

UNDER EXISTING LAW, THE 50 STATES, FOLLOWING THE INTENT OF THE AMERICANS WITH DISABILITIES ACT, ARE ISSUING DISABLED PERSON PARKING PLACARDS, ALONG WITH A CERTIFICATE OF ACKNOWLEDGMENT OF RECEIPT OF MEDICAL PROOF THAT THE HOLDER IS A DISABLED PERSON.

THIS MEASURE WOULD MEMORIALIZE THE CONGRESS AND THE PRESIDENT TO ENACT LEGISLATION THAT WOULD AMEND THE AMERICANS WITH DISABILITIES ACT TO AUTHORIZE THE STATES TO CHARGE A FEE FOR THE ISSUANCE OF AN IDENTIFICATION CARD OR A DRIVER'S LICENSE IMPRINTED WITH THE "WHEELCHAIR SYMBOL" ACCESS LOGO THAT WOULD SERVE AS A FORM OF DISABLED PERSON IDENTIFICATION.

VOTE: MAJORITY.

SFP 9: RELATING TO DRIVER'S LICENSE: DISABILITY LOGO

WHEREAS, ALL 50 STATES COLLECT A FEE FOR THE PRODUCTION AND ISSUANCE OF PHOTO IDENTIFICATION CARD OR DRIVER'S LICENSE; AND

WHEREAS, A GOVERNMENT ISSUED IDENTIFICATION CARD, DRIVER'S LICENSE, OR PASSPORT IS REQUIRED TO PASS THROUGH THE ENTRANCE OF MANY PUBLIC BUILDINGS AND AIRPORT BOARDING AREAS; AND

WHEREAS, A GOVERNMENT ISSUED IDENTIFICATION CARD, DRIVER'S LICENSE, OR PASSPORT IS REQUIRED AS PROOF OF AN INDIVIDUAL IDENTITY TO OPEN BANK ACCOUNTS; AND

WHEREAS, THE 50 STATES, FOLLOWING THE INTENT AND PURPOSE OF THE AMERICAN WITH DISABILITIES ACT, ISSUE DISABLED PERSON PARKING PLACARDS, ALONG WITH A CERTIFICATE OF ACKNOWLEDGMENT OF RECEIPT OF MEDICAL PROOF THAT THE HOLDER IS A DISABLED PERSON; AND

WHEREAS, THERE ARE NUMEROUS SENIORS AND DEPENDENT ADULTS WHO ARE AUTHORIZED TO POSSESS AND UTILIZE DISABLED PERSON PARKING PLACARDS DUE TO CONDITIONS ENUMERATED IN DEPARTMENT OF MOTOR VEHICLES 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 DEEMS IT MEDICALLY NECESSARY FOR THEM TO RECEIVE AND USE A DISABLED PERSON PLACARD; 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, SOME PERSONS LAWFULLY POSSESSING DISABLED PLACARDS OR LICENSE PLATES NEED SOME FORM OF IDENTIFICATION, SUCH AS THE "WHEELCHAIR SYMBOL" ACCESS LOGO ON A PHOTO IDENTIFICATION CARD OR DRIVER'S LICENSE, TO VERIFY HIS OR HER DISABLED STATUS WHILE AWAY FROM HIS OR HER VEHICLE; AND

WHEREAS, DURING THE 2003-2004 REGULAR SESSION, THE LEGISLATURE CONSIDERED ASSEMBLY BILL 1915 (A.B. 1915) THAT WOULD AUTHORIZE THE DEPARTMENT OF MOTOR VEHICLES TO ISSUE PHOTO IDENTIFICATION CARDS AND DRIVERS' LICENSES WITH THE "WHEELCHAIR SYMBOL" ACCESS LOGO TO PERSONS MEETING SPECIFIC REQUIREMENTS; AND WHEREAS, THE COMMITTEE ANALYSIS OF A.B. 1915 INDICATES THAT FEES CHARGED FOR THE ISSUANCE OF IDENTIFICATION CARDS OR DRIVERS' LICENSES MAY BE DISALLOWED UNDER THE AMERICANS WITH DISABILITIES ACT; 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 2005 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE AMERICANS WITH DISABILITIES ACT BE AMENDED TO AUTHORIZE THE STATES TO CHARGE A FEE TO COVER THE COSTS FOR THE ISSUANCE OF A PHOTO IDENTIFICATION CARD OR A DRIVER'S LICENSE THAT IS IMPRINTED WITH THE "WHEELCHAIR SYMBOL" ACCESS LOGO; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE CONGRESS AND THE PRESIDENT 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 AND VICE PRESIDENT, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE CHAIRPERSONS OF THE HOUSE AND SENATE COMMITTEES ON AGING, AND TO EACH SENATOR AND REPRESENTATIVE FROM CALIFORNIA IN THE CONGRESS OF THE UNITED STATES.