BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1709


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          Date of Hearing:  May 3, 2016


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          AB 1709  
          (Gallagher) - As Amended April 28, 2016


                                  PROPOSED CONSENT


          SUBJECT:  DEAF OR HARD OF HEARING


          KEY ISSUE:  SHOULD THE TERM "HEARING IMPAIRED" BE REPLACED WITH  
          THE TERM "DEAF OR HARD OF HEARING" UNDER CALIFORNIA LAW? 


                                      SYNOPSIS


          This non-controversial bill seeks to replace the term "hearing  
          impaired" with "deaf or hard of hearing" in various California  
          code sections.  While this bill may not be substantive, it is  
          particularly significant to the Deaf community because it  
          removes a term seen by many as pejorative from state law.   
          Indeed, the Deaf community endorsed the term "deaf or hard of  
          hearing" over 75 years ago.  This bill reflects that growing  
          movement, and updates California law to reflect a term embraced  
          by the Deaf community, consistent with the State's inclusive  
          values.  There is no known opposition to this bill.


          SUMMARY:  Strikes the term "hearing impaired" in various  








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          California code sections, and replaces it with "deaf or hard of  
          hearing."


          EXISTING LAW uses the term "hearing impaired" to describe  
          persons who are hard of hearing in various California code  
          sections.  (Civil Code Sections 54.1, 54.2, and 54.8; Civil  
          Procedure Code Section 224; Education Code Sections 44265.6,  
          44265.8, and 44265.9; Evidence Code Sections 754 and 754.5;  
          Government Code Sections 8593, 8593.2, 8840, 8841, 53112,  
          68560.5, and 84507; Health and Safety Code Sections 1259,  
          1373.65, 1568.02, and 121369; Penal Code Section 13835.4; Public  
          Utilities Code Sections 2881, 2881.1, 2881.2, and 2881.4;  
          Unemployment Insurance Code Sections 11000, 11003, and 11004;  
          and Welfare and Institutions Code Sections 10559, 10620, 10621,  
          10622, 10624, and 10625.)


          FISCAL EFFECT:  As currently in print this bill is keyed  
          non-fiscal.


          COMMENTS:  This non-controversial bill seeks to replace the term  
          "hearing impaired" with "deaf or hard of hearing" in various  
          California code sections.  While this bill may not be  
          substantive, it is particularly significant to the Deaf  
          community because it removes a term seen by many as pejorative  
          from state law.  Indeed, the Deaf community endorsed the term  
          "deaf or hard of hearing" over 75 years ago.  This bill reflects  
          that growing movement, and updates California law to reflect a  
          term embraced by the Deaf community, consistent with the State's  
          inclusive values.


          Although "hearing impaired" was once embraced by the Deaf  
          community, its use is no longer accepted.  While "hearing  
          impaired" was once accepted by the Deaf community as an  
          inclusive term to refer to its diverse community, it is no  
          longer accepted.  According to the National Association of the  








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          Deaf (NAD), the term "hearing impaired" is insensitive and  
          offensive.  NAD states:


              The term "hearing-impaired" is viewed as negative.  The  
              term focuses on what people can't do.  It establishes  
              the standard as "hearing" and anything different as  
              "impaired," or substandard, hindered, or damaged.  It  
              implies that something is not as it should be and ought  
              to be fixed if possible.  To be fair, this is probably  
              not what people intended to convey by the term "hearing  
              impaired." (NAD, Community and Culture  
               [as of April 27, 2016].)


          This bill reflects the movement to replace negative terms that  
          used to label the disabled community.  This bill is consistent  
          with steps taken by the disability community to eliminate  
          offensive and negative language that is used to refer to  
          differently-abled persons in our community.  Beginning with the  
          Americans with Disabilities Act (ADA) in 1990, the country began  
          shifting legal and academic discourse from terms such as  
          handicap and impaired.  The shift in language is monumental to  
          the treatment and progression of the community, especially given  
          the historical treatment of the disability community.  According  
          to some historical accounts, Aristotle equated loss of hearing  
          to lack of intelligence, which spurred the term "deaf and dumb."  
           (Gannon, Jeff, Deaf Heritage: A Narrative History of Deaf  
          America [1981].)  Indeed, this discriminatory belief led to the  
          creation of schools for the "deaf and dumb."


          However, after the 18th century, there were moments of progress.  
           Abbe de l'Eppee, known for his significant contributions to  
          sign language, published a report to show that intelligence had  
          no connection to the ability to hear.  Yet, this does not appear  
          to have been broadly accepted until the late 19th century and  
          early 20th century.  In fact, between the 18th and 19th  








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          centuries, the term "deaf mute" was used to describe the deaf  
          community.  (Ibid.)  In 1937, the National Association of the  
          Deaf began denouncing the term "deaf-mute," "mute", "deaf-dumb,"  
          semi-mute," and "deafened" and endorsed terms like "hard of  
          hearing" or "deaf."  (NAD, NAD History  
           [as of April 27, 2016].)  However,  
          despite the endorsement of this term, various California code  
          sections continue to use "hearing impaired," rather than "hard  
          of hearing."


          In light of this troubled history, this bill aims to debunk the  
          stigmas directed at the Deaf community, and supports  
          California's policies of inclusion.  As this Committee knows  
          well, words matter.  This minor yet significant change is  
          meaningful to the Deaf community.  Currently, the Deaf community  
          believes the term "impaired" denotes that a person is lessor or  
          inferior, while "hard of hearing" conveys that a person  
          communicates through different means.  Similar to the historical  
          evolution of removing the terms of "deaf-dumb" or "mute" in our  
          social discourse, changing "hearing impaired" to "hard of  
          hearing" reflects California's inclusiveness.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          None on file




          Opposition









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          None on file




          Analysis Prepared by:Alexandria Smith-Davis and Eric Dang / JUD.  
          / (916) 319-2334