BILL ANALYSIS
AB 2160
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Date of Hearing: March 25, 2008
ASSEMBLY COMMITTEE ON AGING AND LONG-TERM CARE
Patty Berg, Chair
AB 2160 (Carter) - As Introduced: February 20, 2008
SUBJECT : Mello-Granlund Older Californians Act: disability:
definition
SUMMARY : AB 2160 adds the California Fair Employment and
Housing Act (CFEHA) definition of disability to the
Mello-Granlund Older Californians Act (OCA). Specifically, this
bill :
1)Defines "disability" for the OCA by referencing the CFEHA
definition within Government Code which defines mental
disability and physical disability as follows:
a) "Mental disability" includes, but is not limited to, all
of the following:
i) Having any mental or psychological disorder or
condition, such as mental retardation, organic brain
syndrome, emotional or mental illness, or specific
learning disabilities, that limits a major life activity.
ii) A mental or psychological disorder or condition
limits a major life activity if it makes the achievement
of the major life activity difficult.
iii) Any other mental or psychological disorder or
condition that requires special education or related
services.
b) "Physical disability" includes, but is not limited to,
all of the following:
i) Having any physiological disease, disorder,
condition, cosmetic disfigurement, or anatomical loss
that does both of the following:
(1) Affects one or more of the following body
systems: neurological, immunological, musculoskeletal,
special sense organs, respiratory, including speech
organs, cardiovascular, reproductive, digestive,
genitourinary, hemic and lymphatic, skin, and
endocrine.
(2) Limits a major life activity.
ii) A physiological disease, disorder, condition,
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cosmetic disfigurement, or anatomical loss limits a major
life activity if it makes the achievement of the major
life activity difficult.
iii) Any other health impairment not described that
requires special education or related services.
2)Deletes the current definition of "disability" in the OCA for
the Senior Wellness Program which is the same as the federal
Rehabilitation Act and Americans with Disabilities Act (ADA).
EXISTING LAW
1)Establishes the federal Older Americans Act (Chapter 35 of
Title 42 of the United States Code) which provides a national
network of state units on aging and Area Agencies on Aging
(AAAs) to deliver home and community-based programs for older
adults. Programs include nutrition, transportation,
information and assistance, elder abuse prevention, and
caregiver support.
2)Establishes the federal ADA which prohibits discrimination on
the basis of disability in employment, State and local
government, public accommodations, commercial facilities,
transportation, and telecommunications. To be protected by
the ADA, one must have a disability or have a relationship or
association with an individual with a disability. An
individual with a disability is defined by the ADA as a person
who has a physical or mental impairment that substantially
limits one or more major life activities, a person who has a
history or record of such an impairment, or a person who is
perceived by others as having such an impairment. The ADA does
not specifically name all of the impairments that are covered.
3)Establishes the CFEHA which is designed to protect and
safeguard the right and opportunity of all persons to seek,
obtain, and hold employment and housing regardless of race,
religious creed, color, national origin, ancestry, physical
disability, mental disability, mental condition, marital
status, sex, age, familial status, or sexual orientation.
4)Establishes the OCA (Welfare and Institutions Code, Division
8.5) which provides state-funded programs and services for
older adults and people with disabilities. The Act provides
minimum standards for programs, including the requirement for
all programs to be equally accessible to diverse populations
regardless of income, consistent with existing state and
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federal law.
5)Establishes the California Department of Aging (CDA) as the
state unit on aging and oversight entity for the 33 AAAs in
California.
6)Establishes the AAAs as the entities that provide for and/or
deliver services under the Older Americans Act, the OCA, and
other funding sources at the local level.
FISCAL EFFECT : Unknown
COMMENTS :
According to the author, this bill will expand the OCA to
include the definition of "disability as defined in the CEHFA in
order to make it easier for the state to enforce disability
access laws at the sites that provide services to the elderly.
Proponents argue that CDA and local agencies that serve elderly
populations do not have a definition of disability in the laws
they operate under. In order to find what "disability" means,
they have to cross-reference into a different code section, and
as a result, many sites are not accessible to the population
they serve. However, the bill as drafted still requires a
cross-reference to the Government Code in order to define
disability.
All service providers funded by CDA are required to comply with
the ADA. Minimum standards for programs include a provision
requiring equal access to diverse populations. In addition, the
OCA already references CFEHA in Section 9103.1 and includes
provisions that require equal access to programs and services
provided through both the Older Americans Act and the OCA
regardless of physical or mental disabilities, language
barriers, cultural or social isolation, including that caused by
actual or perceived racial and ethnic status, including but not
limited to, ancestry, national origin, religion, sex, gender
identity, marital status, familial status, sexual orientation,
or any other basis set forth in the CFEHA.
Suggested Amendment:
If the author's intent is to provide clarity regarding the
definition of "disability" in the OCA, the Committee may wish to
require an amendment to specifically define disability within
the OCA instead of the existing cross-reference to the CFEHA
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provisions in the Government Code.
REGISTERED SUPPORT / OPPOSITION :
Support
California Senior Legislature (sponsor)
Congress of California Seniors
Gray Panthers California
State Independent Living Council (SILC)
Opposition
None on file.
Analysis Prepared by : Allison Ruff / AGING & L.T.C. / (916)
319-3990