BILL ANALYSIS Ó SB 1381 Page 1 SENATE THIRD READING SB 1381 (Pavley, et al.) As Amended August 13, 2012 Majority vote SENATE VOTE :37-0 JUDICIARY 10-0 ----------------------------------------------------------------- |Ayes:|Feuer, Wagner, Atkins, | | | | |Dickinson, Gorell, Huber, | | | | |Jones, Monning, | | | | |Wieckowski, Chesbro | | | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Changes statutory terminology consistent with federal law. Specifically, this bill : 1) Removes references to "mental retardation" or "mentally retarded person" and replaces them with "intellectual disability" or "a person with an intellectual disability." 2)Stipulates that nothing in the bill shall be construed to change the coverage, eligibility, rights, responsibilities, or substantive definitions referred to in the amended provisions of the bill. 3)Makes related and technical changes. EXISTING LAW : 1)Refers to "mental retardation" or "a mentally retarded person" in numerous 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. 2)Changes, pursuant to federal law, all references in federal codes from "mental retardation" to "intellectual disability" and "mentally retarded individual" to "individual with an intellectual disability." SB 1381 Page 2 FISCAL EFFECT : None COMMENTS : This bill seeks to remove all references in California law to "mentally retardation" or "mentally retarded person" with "intellectual disability" and "person with an intellectual disability." The author states: It is estimated that seven to eight million Americans or one in ten families in the United States, experience intellectual disabilities. SB 1381 is a simple measure that provides an important terminology change to the disability community throughout California. As society has become accustomed to casually using the "R-word" as a way of deflating or condemning something's value, it's shaped the perception of and, undoubtedly, the self-worth of those with intellectual disabilities. The use of the "R-word" is profoundly hurtful, outdated and not in current professional use in agencies or association. Furthermore, on October 5, 2010, President Obama signed "Rosa's Law", S. 2781, removing the term "mental retardation" and "mentally retarded" from federal health, education and labor policy, replacing them with "intellectual disability" or "individual with intellectual disabilities". Federal and state laws are currently incompatible because of this conflicting terminology; SB 1381 is needed to correct this conflict. The term mental retardation carries a great deal of stigma and hurt. Several surveys of mental health advocates, clinicians, families, parents, and other education and health professionals consistently show that the term is filled with negative connotations. In order to lessen the stigma of mental retardation and ensure the California Code is not promoting negative stereotypes, this bill replaces the term with the more appropriate and acceptable term "intellectual disability." The term "mental retardation" has long subjected individuals with intellectual disabilities to discrimination, according to supporters, and its due time the hurtful phrase was eliminated from statutory language. The bill would provide that nothing in these provisions shall be construed as making a substantive change in law or a change to services or the eligibility for services in revising this terminology. Similar protections were drafted into the federal legislation, "Rosa's Law" (S. 2781-2010), to ensure the rights of those with intellectual SB 1381 Page 3 disabilities were preserved despite the change in code language. Numerous advocacy groups for the intellectually disabled support this bill including sponsors, The Arc and United Cerebral Palsy in California. Supporters believe codifying the term "intellectually disabled" into California law will remove a hurtful and stigmatizing term from law and promote dignity and respect for thousands of intellectually disabled persons and their families across California. Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334 FN: 0004754