BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1381|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
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|327-4478 | |
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THIRD READING
Bill No: SB 1381
Author: Pavley (D), et al.
Amended: 4/10/12
Vote: 21
SENATE HEALTH COMMITTEE : 7-0, 3/28/12
AYES: Hernandez, Harman, Anderson, Blakeslee, De Le�n,
Rubio, Wolk
NO VOTE RECORDED: Alquist, DeSaulnier
SUBJECT : Mental retardation: change of term to
intellectual disability
SOURCE : The Arc and United Cerebral Palsy in 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
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
CONTINUED
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retarded person and instead replaces them with
"intellectual disability" or "a person with an
intellectual disability."
2. Prohibits this bill from being construed as making a
substantive change in law or a change to services being
provided or eligibility standards in effect at the time
of enactment of this bill.
3. States legislative intent to increase respect for people
with disabilities by eliminating use of the outdated,
offensive, and misleading terms "mental retardation" and
"mentally retarded."
4. States that it is the intent of the Legislature to not
make a substantive change in law or a change to services
or the eligibility for services in revising this
terminology.
5. States that as used in a state regulation or 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.
6. States that it is the intent of the Legislature that
state agencies revise state regulations, and state
publications and other writings change the terminology
as required by this act when there is another reason to
revise the regulation, publication, or other writing,
thus eliminating any additional state cost.
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
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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 4/10/12)
The Arc and United Cerebral Palsy in California (source)
Advance Education Inc.
Autism Speaks
Best Buddies California
California Academy of Child and Adolescent Psychiatry
California Disability Services Association
California Speech-Language Hearing Association
California Supported Living Network
California Toolworks, Inc.
Community Integrated Work Program Inc.
Contra Costa ARC
Developmental Disabilities Board Area 5
Disability Rights Education and Defense Fund
Futures Explored
Goodwill Southern California
The Help Group
Imperial County Office of Education
Interdisciplinary Council on Developmental and Learning
Jay Nolan Community Services
National Association of Social Workers, California Chapter
North Bay Regional Center
PRIDE Industries
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Regional Center of the East Bay
ResCare Friendship Developmental Services
Sacramento | Yolo Mutual Housing Association
San Diego-Imperial Counties Developmental Services, Inc.
San Luis Obispo County Special Education Local Plan Area
San Ramon Valley Unified School District
Service Employees International Union California
Special Needs Network, Inc.
Spectrum Center Schools and Programs
United Cerebral Palsy of Sacramento and Northern California
ARGUMENTS IN SUPPORT : This bill is sponsored by The Arc
and United Cerebral Palsy in California, a coalition of
people with intellectual and other disabilities and their
families, friends and service providers whose goal is to
eliminate the "R-word" in state law. The sponsors argue
eliminating this stigmatized, hurtful term in all usage is
a high priority for the developmental disabilities
community in order to build respect for people with
intellectual disabilities. The sponsors state the "R-word"
was once intended to be a term of respect, but times and
terms have changed, and it is now used to inflict
intentional or unintentional pain, including bullying and
hate crimes.
CTW:kc 4/10/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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