BILL NUMBER: AB 2920	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 18, 2006

INTRODUCED BY   Assembly Member Leno
   (Coauthors: Assembly Members Berg, Goldberg,  Hancock,
Koretz,  and Laird   Laird,   Nation,
  Pavley,   Saldana,   and Yee  )
   (Coauthors: Senators Kehoe and Kuehl)

                        FEBRUARY 24, 2006

   An act to amend Section 9015 of  , and to add Section 9015.5
to,  the Welfare and Institutions Code, relating to seniors.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2920, as amended, Leno  Seniors.
   Existing law, the Mello-Granlund Older Californians Act,
establishes the California Department of Aging in the California
Health and Human Services Agency. Existing law sets forth the duties
and powers of the department.
   Existing law defines greatest social need for purposes of that
act.
   This bill would change the definition of greatest social need
contained in the act.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 9015 of the Welfare and Institutions Code is
amended to read:
   9015.  "Greatest social need" means the need caused by noneconomic
factors, that include physical and mental disabilities, language
barriers, cultural or social isolation, including that caused by
actual or perceived racial and ethnic status (for example,
African-American, Hispanic, American Indian, and Asian American),
ancestry, national origin, religion, sex, gender identity, marital
status, familial status, sexual orientation, or by any other basis
set forth in Section 12921 of the Government Code, or by association
with a person or persons with one or more of these actual or
perceived characteristics, that restrict an individual's ability to
perform normal daily tasks or that threaten his or her capacity to
live independently.
   SEC. 2.    Section 9015.5 is added to the  
Welfare and Institutions Code   , to read:  
   9015.5.  The Legislature finds and declares all of the following:

   (a) Recent studies have shown that lifelong experiences of
marginalization place lesbian, gay, bisexual, and transgender (LGBT)
seniors at high risk for isolation, poverty, homelessness, and
premature institutionalization.  Moreover, many LGBT seniors are
members of multiple underrepresented groups, and as a result, are
doubly marginalized.  Due to these factors, many LGBT seniors avoid
accessing elder programs and services, even when their health,
safety, and security depend on it.
   (b) LGBT seniors often lack social and family support networks
available to non-LGBT seniors. They may face particular health risks,
as disease prevention strategies often ignore LGBT seniors, and HIV
and AIDS drug trials generally do not include older participants.
   (c) LGBT seniors are denied many vital financial benefits provided
to heterosexual married couples. For example, surviving same-sex
partners are denied the social security benefits that married couples
are provided, and may face heavy taxes on the transfer of assets
upon the death of a partner. Moreover, even under California law,
LGBT seniors are denied equal long-term care insurance protections.
This costs LGBT seniors hundreds of millions of dollars each year in
lost benefits.
   (d) The number of people 65 years of age and older in California
is estimated to double to 6.5 million by the year 2020, thereby
increasing the number of LGBT seniors who are receiving inadequate
services.
   (e) Including LGBT seniors, as well as other underrepresented
groups, in the definition of "greatest social need" contained in
Section 9015 would increase access to programs administered by the
California Department of Aging, including, but not limited to, adult
day care programs, health promotion and disease prevention programs,
nutrition services, insurance benefits counseling, employment
programs, legal assistance, and respite care.
   (f) California leads the nation in the protections it affords to
LGBT persons. As failure to meet the needs of LGBT seniors is a
problem of national scope, including LGBT seniors, and other
underrepresented groups, within the definition of "greatest social
need" under Section 9015 will help the state to be a model for change
in other states and at the federal level. 
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