AMENDED IN SENIOR SENATE OCTOBER 26, 2010

SENIOR SENATE PROPOSAL NO. 6

INTRODUCED BY SENIOR SENATOR MULHOLLAND

LEGISLATIVE COUNSEL'S DIGEST

SP 6: 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 TO PUBLISH IN THEIR COMPANY NEWSPAPER, COMPANY MAGAZINES, AND OTHER MEANS OF COMMUNICATION GUIDELINES FOR ALL EMPLOYEES TO UNDERSTAND THE ADA REQUIREMENTS AND TO PROVIDE MANDATORY CHECKING OF DISABLED ACCESS EQUIPMENT PRIOR TO OPERATION. THE MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE TOURS, AMUSEMENT PARKS, FAIRGROUNDS, AND COMPANIES PROVIDING TRANSPORTATION TO THE ENTERTAINMENT INDUSTRY TO PUBLISH INFORMATION IN BROCHURES, NEWSPAPERS, MAGAZINES, EMPLOYEE NEWSPAPERS, AND OTHER MEANS OF COMMUNICATION INFORMATION ON ACCESSIBLE PUBLIC TRANSPORTATION SYSTEMS IN LOCAL COMMUNITIES THAT ARE ADA COMPLIANT.

VOTE: MAJORITY.

SP 5: RELATING TO TRANSPORTATION ASSISTANCE

WHEREAS, EMPLOYEES OF VARIOUS TRANSPORTATION SYSTEMS OVERSEEN BY THE DEPARTMENT OF TRANSPORTATION ARE NOT ALWAYS AWARE THAT THE AMERICANS WITH DISABILITIES ACT (ADA) REQUIRES THE PROVISION OF ASSISTANCE AND TRAINING TO THE DISABLED COMMUNITY; AND

WHEREAS, TRAINING PROGRAMS ESTABLISHED TO ENSURE THAT TRANSPORTATION EMPLOYEES KNOW HOW TO USE DISABLED ACCESS EQUIPMENT AND THAT THE EQUIPMENT IS CHECKED ON A DAILY BASIS WOULD HELP ENSURE THAT THE EQUIPMENT IS OPERATING AT 100 PERCENT CAPACITY AT ALL TIMES; AND

WHEREAS, WRITTEN DOCUMENTATION AND EVALUATIONS OF TRANSPORTATION EQUIPMENT PROVIDED ON A DAILY BASIS WOULD HELP ENSURE THE SAFETY OF TRANSPORTATION PROVIDED TO DISABLED RIDERS; AND

WHEREAS, SENIORS AND DISABLED TRAVELERS OFTEN DO NOT KNOW WHOM TO CALL IF THE EQUIPMENT IS NOT WORKING, OR THE DRIVER DOES NOT KNOW HOW TO OPERATE THE EQUIPMENT AND THE TRAVELER IS PUT AT RISK;
AND

WHEREAS, COMPANY CONTACT INFORMATION DISPLAYED IN PUBLIC LOCATIONS SUCH AS SENIOR CENTERS, TRANSPORTATION STOPS, AND PUBLIC TRANSPORTATION VEHICLES ARE NOT ALWAYS AVAILABLE TO INFORM SENIORS AND DISABLED RIDERS ON HOW THEY CAN REPORT TRANSPORTATION PROBLEMS; 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 2010 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 AND REGULATED BY THE DEPARTMENT OF TRANSPORTATION (1) TO PUBLISH IN THEIR COMPANY NEWSPAPERS, MAGAZINES, OR ANY OTHER MEANS OF COMMUNICATION GUIDELINES FOR ALL EMPLOYEES TO UNDERSTAND THE REQUIREMENTS OF THE ADA, (2) TO PROVIDE INFORMATION ABOUT AVAILABLE ADA ACCOMMODATIONS AND SERVICES TO THE PUBLIC IN NEWSPAPERS, NEWSLETTERS, MULTIPURPOSE AND SENIOR CENTERS, AND (3) TO PROVIDE MANDATORY CHECKING OF ALL EQUIPMENT BEFORE OPERATION TO ENSURE THAT if IS IN WORKING ORDER AND THAT WRITTEN DOCUMENTATION IS SUBMITTED TO THE APPROPRIATE SUPERVISOR OR QUALITY CONTROL DEPARTMENT, AND IF NOT SERVICEABLE, THE EQUIPMENT IS TO BE REMOVED FROM SERVICE; 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.

RN 10 13516

- 0 -