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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