BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2160|
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THIRD READING
Bill No: AB 2160
Author: Carter (D)
Amended: 7/2/08 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 4-0, 6/10/08
AYES: Alquist, Maldonado, Romero, Yee
NO VOTE RECORDED: Battin
SENATE JUDICIARY COMMITTEE : 3-2, 6/24/08
AYES: Corbett, Kuehl, Steinberg
NOES: Harman, Ackerman
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 62-2, 4/24/08 - See last page for vote
SUBJECT : Mello-Granlund Older Californians Act:
disability:
definition
SOURCE : California Senior Legislature
DIGEST : This bill adds a definition of disability to the
Mello-Granlund Older Californians Act.
ANALYSIS :
Existing law:
CONTINUED
AB 2160
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1. Establishes the Mello-Granlund Older Californians Act to
reflect the policy mandates and directives of the Older
Americans Act of 1965 and to set forth the state's
commitment to its older population served by programs
administered by the Department of Aging. [Section 9000
et seq. of the Welfare and Institutions Code (WIC)]
2. Establishes within the Older Californians Act, a
legislative finding that among persons over 75 years of
age, there is a higher incidence of functional
disabilities. [WIC Section 9001(g)]
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 (Section 12926 of
the Government Code):
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" [Section 12926 (i) of the
Government Code]
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. [Section 12926(k) of
the Government Code]
AB 2160
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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) results in broader protection of
the civil rights of individuals with a mental disability
or physical disability, as defined in subdivision (i) or
(k) of Section 12926 of the Government Code, or includes
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 adds to the Older Californians Act, a definition
of "disability" incorporating the relevant subsections of
Section 12926 of the Government Code 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.
Background
All services funded by the Older Californians Act are
required to comply with the 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 the 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 Fair Employment and Housing
Act.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
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SUPPORT : (Verified 8/6/08)
California Senior Legislature (source)
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
ASSEMBLY FLOOR :
AYES: Adams, Aghazarian, Anderson, Arambula, Bass, Beall,
Benoit, Berg, Berryhill, Blakeslee, Brownley, Caballero,
Charles Calderon, Carter, Coto, Davis, De La Torre, De
Leon, DeSaulnier, Dymally, Emmerson, Eng, Evans, Feuer,
Fuentes, Fuller, Furutani, Gaines, Hancock, Hayashi,
Hernandez, Horton, Houston, Jeffries, Jones, Keene,
Krekorian, La Malfa, Laird, Leno, Levine, Lieber, Lieu,
Ma, Mendoza, Mullin, Nakanishi, Nava, Parra, Portantino,
Sharon Runner, Ruskin, Salas, Saldana, Silva, Smyth,
Solorio, Spitzer, Swanson, Torrico, Walters, Wolk
NOES: DeVore, Maze
NO VOTE RECORDED: Cook, Duvall, Galgiani, Garcia, Garrick,
Huff, Huffman, Karnette, Niello, Plescia, Price, Soto,
Strickland, Tran, Villines, Nunez
CTW:mw 8/6/08 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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