BILL ANALYSIS Ó
SENATE JUDICIARY COMMITTEE
Senator Hannah-Beth Jackson, Chair
2015-2016 Regular Session
AB 1709 (Gallagher)
Version: April 28, 2016
Hearing Date: June 14, 2016
Fiscal: No
Urgency: No
RD
SUBJECT
Deaf or hard-of-hearing individuals
DESCRIPTION
This bill would modernize various codes referencing "deaf or
hearing impaired" individuals by replacing existing references
to "hearing impaired" with "hard-of-hearing." This bill would
also make other technical and nonsubstantive changes to those
codes.
BACKGROUND
Existing law references throughout various codes deaf or hearing
impaired individuals. According to the National Association of
the Deaf (NAD):
The deaf and hard of hearing community is diverse. There are
variations in how a person becomes deaf or hard of hearing,
level of hearing, age of onset, educational background,
communication methods, and cultural identity. How people
"label" or identify themselves is personal and may reflect
identification with the deaf and hard of hearing community,
the degree to which they can hear, or the relative age of
onset. For example, some people identify themselves as
"late-deafened," indicating that they became deaf later in
life. Other people identify themselves as "deaf-blind," which
usually indicates that they are deaf or hard of hearing and
also have some degree of vision loss. Some people believe
that the term "people with hearing loss" is inclusive and
efficient. However, some people who were born deaf or hard of
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hearing do not think of themselves as having lost their
hearing. Over the years, the most commonly accepted terms
have come to be "deaf," "Deaf," and "hard of hearing." (NAD,
Community and Culture - Frequently Asked Questions
[as of May 31, 2016.].)
With respect to the use of the term "hearing impaired," the NAD
Web site provides that "[t]his term is no longer accepted by
most in the community but was at one time preferred, largely
because it was viewed as politically correct. To declare
oneself or another person as deaf or blind, for example, was
considered somewhat bold, rude, or impolite. At that time, it
was thought better to use the word 'impaired' along with
'visually,' 'hearing,' 'mobility,' and so on.
'Hearing-impaired' was a well-meaning term that is not accepted
or used by many deaf and hard of hearing people. For many
people, the words 'deaf' and 'hard of hearing' are not negative.
Instead, 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. (Id.)
This bill would replace references to "hearing impaired" with
"hard-of-hearing" throughout various codes.
CHANGES TO EXISTING LAW
Existing law references "deaf or hearing impaired" individuals,
and at times only "hard of hearing" individuals. (Civ. Code
Secs. 54.1, 54.2; Code Civ. Proc. Sec. 224; Ed. Code Secs.
44265.6, 44265.8, 44265.9; Evid. Code Secs. 754 754.5; Gov. Code
Secs. 8593, 8593.2, 8840, 8841, 53112, 68560.5, 84507; Health &
Saf. Code Secs. 1259, 1373.65, 1568.02, 121369; Pen. Code Sec.
13835.4; Pub. Util. Code Secs. 2881, 2881.1, 2881.2, 2881.4;
Unemp. Ins. Code Secs. 11000, 11003, 11004; Welf. & Inst. Code
Secs. 10559, 10620, 10621, 10622, 10624, 10625.)
This bill would update the above sections to instead reflect the
terminology "deaf or hard of hearing," and to add reference to
"deaf" where existing law only mentions "hearing impaired," if
appropriate.
This bill would make other technical and nonsubstantive changes
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throughout these code sections. For example, this bill would
replace references to terms and phrases such as "including but
not limited to" with "including," "utilize" with "use," "may
not" with "shall not," and "prior to" with "before."
COMMENT
1. Stated need for the bill
According to the author, "[w]hile 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."
2. Updating terminology and suggested technical amendment
This bill seeks to modernize California codes to update
terminology referencing deaf or hard of hearing individuals.
Currently, California law uses the term "hearing impaired"
which, according to the author, has been long outdated. This
bill would update various California codes so that it reflects
the terms "deaf or hard of hearing," instead.
Staff notes that throughout the various codes updated by this
bill, references are at times changed from "hearing impaired" to
"hard of hearing," and at other times changed to
"hard-of-hearing." This does not appear to be totally linked to
occasions wherein existing law included a hyphen in the term
"hearing impaired." Accordingly, the author should consider
amendments to standardize the term throughout each of the
various code sections to either be hyphenated or unhyphenated.
Support : None Known
Opposition : None Known
HISTORY
Source : Author
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Related Pending Legislation : None Known
Prior Legislation : None Known
Prior Vote :
Assembly Floor (Ayes 78, Noes 0)
Assembly Judiciary Committee (Ayes 10, Noes 0)
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