BILL ANALYSIS
AB 2160
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2160 (Carter)
As Amended July 2, 2008
Majority vote
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|ASSEMBLY: |62-2 |(April 24, |SENATE: |23-12|(August 11, |
| | |2008) | | |2008) |
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Original Committee Reference: AGING & L.T.C.
SUMMARY : Adds the California Fair Employment and Housing Act
(CFEHA) definition of disability to the Mello-Granlund Older
Californians Act (OCA). Specifically, this bill :
1)Cross-references the definition of "disability" within the OCA
to the definition of "mental disability" or "physical
disability" within CFEHA.
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).
The Senate amendments delete the definition of "disability" for
the OCA as either a mental disability, as defined in CFEHA,
which includes, but is not limited to, having a mental or
psychological disorder or condition that limits a major life
activity; or, a physical disability, as defined in CFEHA, which
includes, but is not limited to, having a physiological disease,
disorder, condition, cosmetic disfigurement, or anatomical loss
that limits a major life activity, and instead cross-reference
to the CFEHA definition in the Government Code.
AS PASSED BY THE ASSEMBLY , this bill:
1)Defined "disability" for the OCA as either of the following:
a) A mental disability, as defined in CFEHA, which
includes, but is not limited to, having a mental or
psychological disorder or condition that limits a major
life activity; or,
b) A physical disability, as defined in CFEHA, which
includes, but is not limited to, having a physiological
AB 2160
Page 2
disease, disorder, condition, cosmetic disfigurement, or
anatomical loss that limits a major life activity.
2)Deleted 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).
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : All services funded by the OCA are required to comply
with ADA. Minimum standards for programs under the OCA include
a provision requiring equal access to diverse populations. In
addition, the OCA already references CFEHA 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.
Analysis Prepared by : Allison Ruff / AGING & L.T.C. / (916)
319-3990
FN: 0006753