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SB-1285 Driver’s licenses: disability identifier.(2023-2024)

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Date Published: 04/25/2024 09:00 PM
SB1285:v98#DOCUMENT

Amended  IN  Senate  April 25, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1285

Introduced by Senator Laird
(Principal coauthor: Assembly Member Addis)
(Coauthors: Senators Allen and Atkins Allen, Atkins, and Wiener)
(Coauthors: Assembly Members Irwin and Rendon Mike Fong, Irwin, Rendon, and Zbur)

February 15, 2024

An act to add Section 12811.5 to the Vehicle Code, relating to driver’s licenses.


LEGISLATIVE COUNSEL'S DIGEST


SB 1285, as amended, Laird. Driver’s licenses: disability identifier.
Existing law requires that each application for an original or a renewal of a driver’s license contain certain information, including the applicant’s true full name, age, and gender. Existing law also requires the application for a driver’s license or identification card to contain certain specified elements, including, among other things, whether the applicant has served in the Armed Forces of the United States and a space for an applicant to enroll in the Donate Life California Organ and Tissue Donor Registry.
This bill would require the application forms for a driver’s license or identification card to contain a space for a person to voluntarily disclose that the applicant has a disability, as defined by the federal American with Disabilities Act (ADA), and that the disability interferes with the person’s ability to effectively communicate with a peace officer. The bill would require the disclosed disability to be certified by a licensed health professional, as specified, on appropriate forms to be developed by the Department of Motor Vehicles.
The bill would require the department to develop an appropriate disability identifier symbol to be placed on a driver’s license or identification card that is discreet and represents all types of disabilities, as specified. The bill would provide that a person may choose to no longer have a disability identifier symbol placed on the person’s driver’s license or identification card and would prohibit the department from retaining any information related to the person’s disability. The bill would require the department to issue a new driver’s license or identification card without a disability identifier symbol upon request.
The bill would require the department to work with the Department of the California Highway Patrol and other relevant stakeholders to develop peace officer training on the voluntary disability identifier symbol, recognizing persons with disabilities, appropriate interactions with persons with disabilities, resources available to persons with disabilities and those interacting with persons with disabilities, and the requirements of the ADA. meaning of the voluntary disability identifier symbol. The bill would require the department, on or before January 1, 2028, to provide a report to the Legislature and relevant policy committees detailing the disability identifier symbol program and the percentage of persons issued a driver’s license or identification card who requested a disability identifier symbol.
This bill would make the above provisions operative on January 1, 2027.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12811.5 is added to the Vehicle Code, to read:

12811.5.
 (a) All applications for a driver’s license or identification card shall contain a space for an applicant to voluntarily request a disability identifier symbol be placed on the applicant’s driver’s license or identification card if the applicant has a disability, as defined in the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec 12101 et seq.), and the disability interferes with the person’s ability to effectively communicate with a peace officer.
(b) (1) The department shall develop appropriate forms to be signed by licensed health professionals to certify that an applicant meets the eligibility requirements for a disability identifier symbol.

(2)The department shall determine the appropriate licensed health professionals that shall be authorized to sign the form described in this subdivision.

(2) The following licensed health professionals are authorized to sign the forms described in paragraph (1):
(A) Certified nurse midwife.
(B) Chiropractor.
(C) Neurologist.
(D) Neuropsychologist.
(E) Nurse practitioner.
(F) Optometrist.
(G) Physician assistant.
(H) Physician and surgeon.
(I) Podiatrist.
(c) The department shall develop an appropriate disability identifier symbol to be placed on a driver’s license or identification card that is discreet and represents all types of disabilities, including cognitive disabilities, neurological diversities, mental health disorders, sensory needs, chronic illness, chronic pain, and physical disabilities.
(d) The department shall work with the Department of the California Highway Patrol and other relevant stakeholders to develop peace officer training on the voluntary disability identifier symbol, recognizing persons with disabilities, appropriate interactions with persons with disabilities, resources available to persons with disabilities and those interacting with persons with disabilities, and the requirements of the federal Americans with Disabilities Act of 1990 (42 U.S.C. sec. 12101 et seq.). meaning of the voluntary disability identifier symbol.
(e) A person may choose to no longer have a disability identifier symbol on the person’s driver’s license or identification card. The department shall issue a person a new identification card without a disability identifier symbol upon request. The department shall not retain any information regarding a person’s disability when the person chooses to remove the disability identifier symbol from the person's driver’s license or identification card.
(f) On or before January 1, 2028, the department shall provide a report to the Legislature and relevant policy committees detailing the disability identifier symbol program and the percentage of persons issued a driver’s license or identification card who requested a disability identifier symbol issued pursuant to this section. The report shall be submitted in compliance with Section 9795 of the Government Code.
(g) This section shall be operative on January 1, 2027.