BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2370|
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THIRD READING
Bill No: AB 2370
Author: Mansoor (R), et al.
Amended: 8/29/12 in Senate
Vote: 21
SENATE HEALTH COMMITTEE : 7-0, 6/13/12
AYES: Hernandez, Harman, Alquist, Anderson, DeSaulnier,
Rubio, Wolk
NO VOTE RECORDED: Blakeslee, De Le�n
SENATE FLOOR : 38-0, 8/21/12
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De Le�n, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Hernandez,
Huff, Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal,
Negrete McLeod, Padilla, Pavley, Price, Rubio, Simitian,
Steinberg, Strickland, Vargas, Walters, Wolk, Wright,
Wyland, Yee
NO VOTE RECORDED: Harman, Runner
ASSEMBLY FLOOR : 75-0, 8/24/12 - See last page for vote
SUBJECT : Mental retardation: change of term to
intellectual disabilities
SOURCE : Best Buddies California
DIGEST : This bill deletes in state law references to
mental retardation" or a "mentally retarded person" and
instead replaces them with "intellectual disability" or "a
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person with an intellectual disability."
Senate Floor Amendments of 8/29/12 make further technical
and conforming changes to this bill to make the language
identical to SB 1381 (Pavley) and to prevent chaptering
conflicts with SB 1009 (Senate Budget and Fiscal Review
Committee), Chapter 34, Statutes of 2012.
Senate Floor Amendments of 8/15/12 make various conforming
changes to this bill to make the language identical to SB
1381 (Pavley) and to prevent chaptering conflicts with
other bills. The changes also provide clarification and
consistency by, for example, using person-first language
(changing "intellectually disabled person" to "person with
an intellectual disability").
ANALYSIS : Existing law refers to "mental retardation" or
"a mentally retarded person" in numerous state statutory
provisions, including provisions relating to psychiatric
technician regulation, the state's unfair competition
statute, educational and social services, commitment to
state facilities, and criminal punishment.
This bill:
1.Deletes references to mental retardation or a mentally
retarded person and instead replaces them with
"intellectual disability" or "a person with an
intellectual disability."
2.Prohibits standards in effect at the time of enactment
from being construed as making a substantive change in
law, a change of services being provided, or eligibility.
3.States that, as used in a state regulation, state
publication, or other writing, the terms "mental
retardation" and "mentally retarded person" have the same
meaning as the terms "intellectual disability" and
"person with intellectual disability," unless the context
or an explicit provision of federal or state law clearly
requires a different meaning."
4.Shall be known as the Shriver "R-Word" Act.
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Background
The Resource Network International contracted with the
Kansas University Center for the Study of Family,
Neighborhood and Community Policy to do an in-depth study
related to the past and current use of the term "mental
retardation" in the context of government programs.
Published in 2002, the study, entitled "Usage of the Term
'Mental Retardation:' Language, Image and Public
Education," found there are many definitions of mental
retardation but four are the most prevalent. The term
"mental retardation" is used consistently in the United
States far more than other terms and the next most
consistent equivalent term is "intellectual disability,"
which is used in British Commonwealth countries and by the
International Society for the Scientific Study of
Intellectual Disabilities. There has recently been a move
away from the term "mental retardation," but no substitute
has been agreed upon. The general consensus among
activists and responders to surveys (advocates, clinicians,
families, parents, or other professionals) is that the term
has negative connotations although many concede that any
substitute for the same population will also soon develop
stigmatizing qualities. There is also fear among some that
a name change will endanger entitlement programs, but the
current momentum is to change the term.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/17/12)
Best Buddies California (source)
Association of Regional Center Agencies
California Disability Services Association
Dayle McIntosh Disability Resource Centers
Junior League of Orange County, California
North Los Angeles County Regional Center
Sacramento County Developmental Disabilities Planning and
Advisory
Council
Special Olympics Northern California
The Arc and United Cerebral Palsy in California
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ARGUMENTS IN SUPPORT : Best Buddies California, writes
that, while California is usually on the cutting edge of
legislation, the majority of states have already changed
their statutes to eliminate the "R-word" with the goal to
eliminate a term that promotes a negative stereotype of
intellectually disabled individuals. The Arc and United
Cerebral Palsy in California states that eliminating the
"R-word" in all usage is a high priority for the
developmental disability community in order to build
respect for people with intellectual disabilities and that,
while the "R-word" was once intended to be a term of
respect, times and terms have changed, and "R-word" now
inflicts intentional or unintentional pain and is used in
bullying and hate crimes.
ASSEMBLY FLOOR : 75-0, 8/24/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Davis, Dickinson, Eng,
Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines,
Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman,
Hall, Harkey, Hayashi, Hill, Huber, Hueso, Huffman,
Jeffries, Jones, Knight, Lara, Logue, Bonnie Lowenthal,
Ma, Mansoor, Mendoza, Miller, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel P�rez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Cook, Donnelly, Halderman, Roger
Hern�ndez, Mitchell
CTW:n 8/30/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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