BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2920|
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THIRD READING
Bill No: AB 2920
Author: Leno (D)
Amended: 8/22/06 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 3-2, 6/27/06
AYES: Alquist, Chesbro, Romero
NOES: Maldonado, Aanestad
SENATE APPROPRIATIONS COMMITTEE : 8-5, 8/17/06
AYES: Murray, Alarcon, Alquist, Escutia, Florez, Ortiz,
Romero, Torlakson
NOES: Aanestad, Ashburn, Battin, Dutton, Poochigian
ASSEMBLY FLOOR : 48-32, 5/31/06 - See last page for vote
SUBJECT : Seniors
SOURCE : Equality California
DIGEST : This bill requires the California Department of
Aging to ensure that all programs administered by
California Department of Aging and the Area Agencies on
Aging account for the needs of lesbian, gay, bisexual, and
transgender elders.
Senate Floor Amendments of 8/22/06 clarify the intent and
scope of the bill.
ANALYSIS : Existing law, the Mello-Granlund Older
CONTINUED
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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.
This bill:
1.Makes findings and declarations which include:
A. The effects of lifelong experiences of
marginalization place Lesbian, gay, bisexual, and
transgender (LGBT) seniors at high risk for
isolation, poverty, homelessness, and premature
institutionalization.
B. Many LGBT seniors avoid accessing elder programs
and services, even when their health and safety and
security depend on it.
C. LGBT seniors often lack social and family support
networks available to non-LGBT seniors.
D. LGBT seniors are denied many vital financial
benefits provided to heterosexual married couples
including Social Security benefits and equal
long-term care insurance protections.
E. The number of people 65 years of age and older in
California is expected to double to 6.5 million by
the year 2020, thereby increasing the number of LBGT
seniors who are receiving inadequate services.
F. The state needs to ensure that the needs of LGBT
seniors as well as other underrepresented groups are
adequately assessed during the planning and
development of programs and services will increase
access to the programs administered by California
Department of Aging (CDA) and the Area Agencies on
Aging (AAAs).
G. California leads the nation in the protections it
affords to LGBT persons. Including the needs of
LGBT seniors and other underrepresented groups in
the needs assessment and Area Plan process will help
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the state to be a model for change in other states
and at the federal level.
2.Specifies that CDA ensures that all older adults have
equal access to programs and services provided through
the Older Americans Act and under this division in each
planning and service area, regardless of physical or
mental disabilities, language barriers, cultural or
social isolation, including that caused by actual or
perceived racial and ethnic status, 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.
3.Specifies that CDA requires each AAA to include the
needs of LGBT seniors in their needs assessments and Area
Plans.
4.Requires that CDA provides technical assistance to the
AAAs regarding the unique needs of LGBT seniors.
5.Allows CDA to adopt regulations to implement this
section. If the department determines that adopting
regulations is necessary, it shall do so only after
consultation with the area agencies on aging and the
California Association of Area Agencies on Aging.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriation Committee:
Fiscal Impact (in thousands)
Major Provisions 2006-07 2007-08
2008-09 Fund
Area Agencies planning $165 $330 ` $330 GF
Technical assistance $ 30 $ 60 $
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60 GF
SUPPORT : (Verified 8/17/06)
Equality California (source)
Lambda Letters Project
The Center of Orange County
NASW, California Chapter
San Francisco AIDS Foundation
American Society on Aging
Gay and Lesbian Alliance of the Central Coast
Spectrum Center
National Association of Social Workers, California Chapter
National Center for Lesbian Rights
Lavender Seniors of the East Bay
City of West Hollywood
OPPOSITION : (Verified 8/17/06)
California Family Council
Department of Finance
ARGUMENTS IN SUPPORT : American Society of Aging supports
this bill and states, "Recent studies have underscored the
need for public policy measures to better protect lesbian,
gay, bisexual and transgender older adults who, because of
lifelong experiences of marginalization, constitute an
underserved population at high risk for health disparities,
isolation, poverty, homelessness and premature
institutionalization.
"By adding actual or perceived sexual orientation and
gender identity along with other categories currently
included in the Fair Employment and Housing Act to the list
of factors the California Department of Aging must consider
when prioritizing groups in need of eldercare services, AP
2920 would greatly strengthen the state's ability to
protect this underserved population."
ARGUMENTS IN OPPOSITION : The Department of Finance is
opposed to this bill for the following reasons: (1) this
bill is not necessary, because the California Department of
Aging (CDA) is already in compliance with federal and state
antidiscrimination laws; (2) this bill would result in
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increased General Fund costs to the CDA to develop
technical expertise on delivering services to the elderly
LGBT community, and incorporate the specific needs of the
elderly lesbian, gay, Bisexual, and transgender (LGBT)
community in state and local plans and needs-assessments.
Since the bill does not appropriate funding for the
estimate $46,000 General Fund needed for 2006-07
implementation, a supplementary bill containing a 2006-07
appropriation would be required.
ASSEMBLY FLOOR :
AYES: Arambula, Baca, Bass, Berg, Bermudez, Calderon,
Canciamilla, Chan, Chavez, Chu, Cohn, Coto, De La Torre,
Dymally, Evans, Frommer, Goldberg, Hancock, Jerome
Horton, Jones, Karnette, Klehs, Koretz, Laird, Leno,
Levine, Lieber, Lieu, Liu, Matthews, Montanez, Mullin,
Nation, Nava, Negrete McLeod, Oropeza, Parra, Pavley,
Ridley-Thomas, Ruskin, Saldana, Salinas, Torrico, Umberg,
Vargas, Wolk, Yee, Nunez
NOES: Aghazarian, Benoit, Blakeslee, Bogh, Cogdill,
Daucher, DeVore, Emmerson, Garcia, Harman, Haynes,
Shirley Horton, Houston, Huff, Keene, La Malfa, La Suer,
Leslie, Maze, McCarthy, Mountjoy, Nakanishi, Niello,
Plescia, Richman, Sharon Runner, Spitzer, Strickland,
Tran, Villines, Walters, Wyland
CTW:do 8/22/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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