BILL ANALYSIS
SENATE HUMAN
SERVICES COMMITTEE
Senator Elaine K. Alquist, Chair
BILL NO: AB 2160
A
AUTHOR: Carter
B
VERSION: April 2, 2008
HEARING DATE: June 10, 2008
2
FISCAL: Judiciary and Appropriations
1
6
CONSULTANT:
0
Hailey
SUBJECT
Mello-Granlund Older Californians Act: disability:
definition
SUMMARY
Adds a definition of "disability" to the Mello-Granlund
Older Californians Act.
ABSTRACT
Current law
1. Establishes the Mello-Granlund Older Californians Act
to reflect the policy mandates and directives of the Older
American s Act of 1965 and to set forth the state's
commitment to its older population served by programs
administered by the California Department of Aging.
[Welfare and Institutions Code (WIC) Section 9000 et seq.]
2. Establishes within the Older Californians Act a
legislative finding that among persons aver 75 years of
age, there is a higher incidence of functional
disabilities. [WIC Section 9001(g).]
Continued---
STAFF ANALYSIS OF ASSEMBLY BILL 2160 (Carter) Page
2
3. Defines several terms within the Older Californians Act
that are related to disabilities and to services for
persons with disabilities, including "adult day health
care" (WIC Section 9004.5), "frail elderly" (WIC Section
9013), "greatest social need" (WIC Section 9015), and
"long-term care" (WIC Section 9016).
4. Defines "mental disability" and "physical disability"
within statutes prohibiting unlawful practices in the
provision of employment and housing (Government Code
Section 12926):
a. Defines "mental disability" as including but not
being limited to "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" [Government Code Section 12926 (i)]; and,
b. Defines "physical disability" as including but not
being limited to any physiological disease, disorder,
condition, cosmetic disfigurement, or anatomical loss
that both limits a major life activity and 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. [Government Code
Section 12926(k)]
5. Incorporates, in the Fair Employment and Housing Act,
the caveat that if the federal definition of "disability"
contained in the Americans with Disabilities Act of 1990
(Public Law 101-336) would result in broader protection of
the civil rights of individuals with a mental disability or
physical disability, as defined in subdivision (i) or (k)
of Government Code Section 12926, or would include any
medical condition not included within those definitions,
then that broader protection or coverage shall be deemed
incorporated by reference into, and shall prevail over
conflicting provisions of, the definitions in subdivisions
(i) and (k).
This bill
1. Adds to the Older Californians Act a definition of
"disability" incorporating the relevant subsections of
STAFF ANALYSIS OF ASSEMBLY BILL 2160 (Carter) Page
3
Government Code Section 12926 and defining "disability" as
either a mental or psychological disorder of condition
that limits a major life activity or having a physiological
disease, disorder, condition, cosmetic disfigurement, or
anatomical loss that limits a major life activity.
FISCAL IMPACT
According to the Assembly Appropriations Committee, the
bill has no direct fiscal impact.
BACKGROUND AND DISCUSSION
All services funded by the Older Californians Act are
required to comply with Americans with Disabilities Act.
Minimum standards for programs under the Older Californians
Act include a provision requiring equal access to diverse
populations. In addition, the Older Californians Act
already references California Fair Employment and Housing
Act and includes provisions that require equal access to
programs and services provided through both the Older
Americans Act and the Older Californians Act 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
California Fair Employment and Housing Act.
It is the informal opinion of Legislative Counsel that by
referencing subdivisions (i) and (k) of Section 12926 of
the Government Code, the provision in subdivision (l) of
that code section would apply as well to the Older
Californians Act.
Concerns raised by the Department of Aging
Last week, the State Department of Aging wrote to the
author expressing its belief that the bill is not
warranted, and that sufficient protections for persons with
disability are in current law. The department believes
that the problem is one of sites not having sufficient
accommodations to serve their clients with disabilities.
STAFF ANALYSIS OF ASSEMBLY BILL 2160 (Carter) Page
4
It also implies that enforcement of existing state and
federal laws is insufficient.
Assembly votes
Floor 62-2
Appropriatinos 17-0
Aging and Long-Term Care 6-0
POSITIONS
Support: California Senior Legislature (sponsor)
California Commission on Aging
Congress of California Seniors
Gray Panthers
Protection and Advocacy, Inc.
San Joaquin County Commission on Aging
State Independent Living Council
Triple-A Council of California
Oppose: None received
-- END --