BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1381| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 1381 Author: Pavley (D), et al. Amended: 4/10/12 Vote: 21 SENATE HEALTH COMMITTEE : 7-0, 3/28/12 AYES: Hernandez, Harman, Anderson, Blakeslee, De León, Rubio, Wolk NO VOTE RECORDED: Alquist, DeSaulnier SUBJECT : Mental retardation: change of term to intellectual disability SOURCE : The Arc and United Cerebral Palsy in California DIGEST : This bill deletes in state law references to "mental retardation" or a "mentally retarded person" and instead replaces them with "intellectual disability" or "a person with an intellectual disability." ANALYSIS : Existing law refers to "mental retardation" or "a mentally retarded person" in numerous state statutory provisions, including provisions relating to psychiatric technician regulation, the state's unfair competition statute, educational and social services, commitment to state facilities, and criminal punishment. This bill: 1. Deletes references to mental retardation or a mentally CONTINUED SB 1381 Page 2 retarded person and instead replaces them with "intellectual disability" or "a person with an intellectual disability." 2. Prohibits this bill from being construed as making a substantive change in law or a change to services being provided or eligibility standards in effect at the time of enactment of this bill. 3. States legislative intent to increase respect for people with disabilities by eliminating use of the outdated, offensive, and misleading terms "mental retardation" and "mentally retarded." 4. States that it is the intent of the Legislature to not make a substantive change in law or a change to services or the eligibility for services in revising this terminology. 5. States that as used in a state regulation or state publication or other writing, the terms "mental retardation" and "mentally retarded person" have the same meaning as the terms "intellectual disability" and "person with intellectual disability," unless the context or an explicit provision of federal or state law clearly requires a different meaning. 6. States that it is the intent of the Legislature that state agencies revise state regulations, and state publications and other writings change the terminology as required by this act when there is another reason to revise the regulation, publication, or other writing, thus eliminating any additional state cost. Background The Resource Network International contracted with the Kansas University Center for the Study of Family, Neighborhood and Community Policy to do an in-depth study related to the past and current use of the term "mental retardation" in the context of government programs. Published in 2002, the study, entitled "Usage of the Term 'Mental Retardation:' Language, Image and Public Education," found there are many definitions of mental SB 1381 Page 3 retardation but four are the most prevalent; the term "mental retardation" is used consistently in the United States far more than other terms and the next most consistent equivalent term is "intellectual disability," which is used in British Commonwealth countries and by the International Society for the Scientific Study of Intellectual Disabilities; there has recently been a move away from the term "mental retardation" but no substitute has been agreed upon; the general consensus among activists and responders to surveys (advocates, clinicians, families, parents, or other professionals) is that the term has negative connotations, although many concede that any substitute for the same population will also soon develop stigmatizing qualities; there is also fear among some that a name change will endanger entitlement programs, but the current momentum is to change the term. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 4/10/12) The Arc and United Cerebral Palsy in California (source) Advance Education Inc. Autism Speaks Best Buddies California California Academy of Child and Adolescent Psychiatry California Disability Services Association California Speech-Language Hearing Association California Supported Living Network California Toolworks, Inc. Community Integrated Work Program Inc. Contra Costa ARC Developmental Disabilities Board Area 5 Disability Rights Education and Defense Fund Futures Explored Goodwill Southern California The Help Group Imperial County Office of Education Interdisciplinary Council on Developmental and Learning Jay Nolan Community Services National Association of Social Workers, California Chapter North Bay Regional Center PRIDE Industries SB 1381 Page 4 Regional Center of the East Bay ResCare Friendship Developmental Services Sacramento | Yolo Mutual Housing Association San Diego-Imperial Counties Developmental Services, Inc. San Luis Obispo County Special Education Local Plan Area San Ramon Valley Unified School District Service Employees International Union California Special Needs Network, Inc. Spectrum Center Schools and Programs United Cerebral Palsy of Sacramento and Northern California ARGUMENTS IN SUPPORT : This bill is sponsored by The Arc and United Cerebral Palsy in California, a coalition of people with intellectual and other disabilities and their families, friends and service providers whose goal is to eliminate the "R-word" in state law. The sponsors argue eliminating this stigmatized, hurtful term in all usage is a high priority for the developmental disabilities community in order to build respect for people with intellectual disabilities. The sponsors state the "R-word" was once intended to be a term of respect, but times and terms have changed, and it is now used to inflict intentional or unintentional pain, including bullying and hate crimes. CTW:kc 4/10/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****