SB 242: "An Act updating the terminology in statutes for persons with disabilities; and providing for an effective date."
00 SENATE BILL NO. 242 01 "An Act updating the terminology in statutes for persons with disabilities; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 LEGISLATIVE INTENT. The legislature intends to modernize the terminology in 07 statutes in recognition of the ability of individuals with disabilities to contribute to society and 08 to the state. The legislature does not intend to alter in any manner the substantive provisions 09 of the statutes in which the terminology is changed under this Act, including provisions 10 relating to the Alaska Mental Health Trust, provisions defining who is a trust beneficiary 11 arising under the Alaska Mental Health Enabling Act of 1956, or provisions relating to the 12 mental health trust settlement in Weiss v. State, 4FA-82-2208 Civil, under ch. 66, SLA 1991; 13 chs. 5 and 6, FSSLA 1994; and chs. 1 and 2, SSSLA 1994. 14 * Sec. 2. AS 14.30.630(b) is amended to read:
01 (b) The agency shall 02 (1) provide special education services including 03 (A) itinerant outreach services to deaf, deaf-blind, mentally 04 retarded, hearing impaired, blind and visually impaired, orthopedically 05 disabled [HANDICAPPED], other health-impaired, severely emotionally 06 disturbed, and [MULTI-HANDICAPPED] students with multiple disabilities; 07 (B) special education instructional support and training of local 08 school district special education personnel; and 09 (C) other services appropriate to special education needs; 10 (2) provide for an annual audit of the agency; 11 (3) provide the department with a two-year plan of operation including 12 a description of the services to be offered by the agency, the method by which the 13 services will be evaluated, information on the number of students and school district 14 personnel to be served, a schedule of funds available to the agency from all sources, 15 and other information that may be required by the department by regulation; 16 (4) present an annual budget to the department. 17 * Sec. 3. AS 18.15.210 is amended to read: 18 Sec. 18.15.210. Testing for certain other heritable diseases. The department 19 shall administer and provide services for testing for other heritable diseases that lead 20 to mental retardation and physical disabilities [HANDICAPS] as screening programs 21 accepted by current medical practice and as developed. 22 * Sec. 4. AS 18.55.130(b) is amended to read: 23 (b) Except in the case of leased housing as provided in 42 U.S.C. 1437f, the 24 corporation shall fix the income limits for occupancy of its low-cost housing projects 25 and rents that are approved by the United States Department of Housing and Urban 26 Development after taking into consideration 27 (1) the family size, composition, age, physical disabilities 28 [HANDICAPS], and other factors that might affect the rent-paying ability of the 29 family; and 30 (2) the economic factors that affect the financial stability and solvency 31 of the project.
01 * Sec. 5. AS 23.15.080 is amended to read: 02 Sec. 23.15.080. Eligibility for vocational rehabilitation service. (a) 03 Vocational rehabilitation service shall be provided directly or through a public or 04 private instrumentality to an [A HANDICAPPED] individual with a disability who 05 (1) is a resident of the state at the time of application for the service 06 and whose vocational rehabilitation the agency determines after full investigation can 07 be satisfactorily achieved; or 08 (2) is eligible for the service under an agreement with another state or 09 with the federal government. 10 (b) In determining the types and extent of vocational rehabilitation services to 11 be provided to an [A HANDICAPPED] individual with a disability, the agency shall 12 take into consideration any similar benefits that may be available to the individual 13 under other programs. However, the agency may not take other benefits into 14 consideration when doing so would significantly delay the provision of needed 15 services to the [HANDICAPPED] individual with a disability. The agency need not 16 take other benefits into consideration when they are for 17 (1) diagnostic and related services, including transportation and 18 subsistence in connection with those services; 19 (2) counseling, guidance, and referral; 20 (3) training, including personal and vocational adjustment training, and 21 necessary training materials; 22 (4) services to members of families of [HANDICAPPED] individuals 23 with disabilities; 24 (5) job placement; and 25 (6) services necessary to assist [HANDICAPPED] individuals with 26 disabilities to maintain suitable employment. 27 * Sec. 6. AS 23.15.090 is amended to read: 28 Sec. 23.15.090. Priority as to eligibility. If vocational rehabilitation service 29 cannot be provided for all eligible [HANDICAPPED] individuals with disabilities 30 who apply, the agency shall provide by regulation for determining the order to be 31 followed in selecting those to whom the services will be provided.
01 * Sec. 7. AS 23.15.100 is amended to read: 02 Sec. 23.15.100. Powers and duties; vending facilities. (a) In carrying out 03 AS 23.15.010 - 23.15.210, the agency shall 04 (1) take the action it considers necessary or appropriate to carry out the 05 purposes of AS 23.15.010 - 23.15.210 [,] and adopt regulations in conformity with 06 these purposes; 07 (2) determine the eligibility of applicants for vocational rehabilitation 08 service; 09 (3) submit to the governor annual reports of activities and expenditures 10 and, before each regular session of the legislature, estimates of sums required for 11 carrying out AS 23.15.010 - 23.15.210 and estimates of the amounts to be made 12 available for this purpose from all sources; 13 (4) cooperate with public and private departments, agencies, and 14 institutions in providing for the vocational rehabilitation of [HANDICAPPED] 15 individuals with disabilities, studying the problems involved in providing this 16 rehabilitation, and establishing, developing, and providing, in conformity with the 17 purposes of AS 23.15.010 - 23.15.210, the programs, facilities, and services that may 18 be necessary or desirable; 19 (5) survey the potential for providing vending facilities on public 20 property and, when feasible, establish vending facilities operated by blind persons and 21 [SEVERELY HANDICAPPED] persons with severe disabilities on public property; 22 (6) license blind persons and [SEVERELY HANDICAPPED] persons 23 with severe disabilities in accordance with AS 23.15.133 for the operation of vending 24 facilities on public property, with blind persons having first priority for operation of 25 the vending facilities; 26 (7) provide the training and supervision necessary to enable blind 27 persons and [SEVERELY HANDICAPPED] persons with severe disabilities to 28 operate vending facilities; 29 (8) provide the equipment and initial stock necessary to enable blind 30 persons and [SEVERELY HANDICAPPED] persons with severe disabilities to 31 operate vending facilities.
01 (b) In carrying out AS 23.15.010 - 23.15.210, the agency may 02 (1) enter into agreements with other states to provide for the vocational 03 rehabilitation of residents of the states concerned; 04 (2) establish and operate rehabilitation facilities and workshops and 05 make grants to public and other nonprofit organizations for these purposes; 06 (3) supervise the operation of vending stands and other small 07 businesses established under AS 23.15.010 - 23.15.210 to be conducted by 08 [SEVERELY HANDICAPPED] individuals with severe disabilities; 09 (4) make studies, investigations, demonstrations, and reports, and 10 provide training and instruction, including the establishment and maintenance of the 11 research fellowships and traineeships with the stipends and allowances that are 12 considered necessary, in matters relating to vocational rehabilitation; and 13 (5) adopt regulations necessary for carrying out the provisions of 14 AS 23.15.010 - 23.15.210. 15 * Sec. 8. AS 23.15.125(e)(2) is amended to read: 16 (2) "person with a disability" means [A HANDICAPPED 17 INDIVIDUAL OR] an individual having a physical or mental disability. 18 * Sec. 9. AS 23.15.133(a) is amended to read: 19 (a) The agency shall issue a license for the operation of a vending facility on 20 public property to a blind person or a [SEVERELY HANDICAPPED] person with a 21 severe disability who is a resident of the state at the time of application and who 22 qualifies for a license under 23 (1) 20 U.S.C. 107 - 107f [107(f)] ([THE] Randolph-Sheppard Act); or 24 (2) regulations adopted by the agency providing for licensing of blind 25 persons or [SEVERELY HANDICAPPED] persons with severe disabilities. 26 * Sec. 10. AS 23.15.134 is amended to read: 27 Sec. 23.15.134. Active participation by [SEVERELY HANDICAPPED] 28 licensees with severe disabilities. The agency shall adopt regulations that ensure the 29 opportunity for active participation by a [SEVERELY HANDICAPPED] licensee 30 with severe disabilities in the administration of vending facilities operated by 31 [SEVERELY HANDICAPPED] licensees with severe disabilities. The opportunity
01 for active participation provided under this section must be at least as extensive as the 02 opportunity for active participation provided for a blind licensee under AS 23.15.135. 03 * Sec. 11. AS 23.15.170 is amended to read: 04 Sec. 23.15.170. Maintenance not assignable. The right of an [A 05 HANDICAPPED] individual with a disability to maintenance under AS 23.15.010 - 06 23.15.210 is not transferable or assignable at law or in equity. 07 * Sec. 12. AS 23.15.180(b) is amended to read: 08 (b) A blind person or a [SEVERELY HANDICAPPED] person with a severe 09 disability aggrieved by a decision or action of the agency under AS 23.15.133 - 10 23.15.135 shall receive a hearing on request in accordance with AS 44.62.330 - 11 44.62.630 (Administrative Procedure Act). A blind person may also file a complaint in 12 accordance with 20 U.S.C. 107d-1 for arbitration of a grievance. 13 * Sec. 13. AS 23.15.210 is amended to read: 14 Sec. 23.15.210. Definitions. In AS 23.15.010 - 23.15.210, 15 (1) "active participation" means a process through which the 16 Committee of Blind Vendors or a licensee is provided the opportunity to exert a major 17 influence in program policies, standards, and procedures affecting the operation of 18 vending facilities, with the commissioner of education and early development having 19 final responsibility; 20 (2) "agency" means the division of vocational rehabilitation; 21 (3) "blind person" means a person whose central visual acuity does not 22 exceed 20/200 in the better eye with correcting lenses, or whose visual acuity, if better 23 than 20/200, is accompanied by a limit to the field of vision in the better eye to such a 24 degree that its widest diameter subtends an angle of not [NO] greater than 20 degrees; 25 an examination by an ophthalmologist or by an optometrist is necessary before a 26 person is found to be blind; 27 (4) [REPEALED 28 (5)] "director" means the director of the division of vocational 29 rehabilitation; 30 (5) "individual having a physical or mental disability" means an 31 individual who has a physical or mental condition that materially limits,
01 contributes to limiting, or, if not corrected, will probably result in limiting the 02 individual's activities or functioning; 03 (6) "[HANDICAPPED] individual with a disability" means an 04 individual having a physical or mental disability that [WHICH] for that individual 05 constitutes or results in a substantial barrier [HANDICAP] to employment and who 06 can reasonably be expected to benefit in terms of employability from the provision of 07 vocational rehabilitation services; 08 (7) ["INDIVIDUAL HAVING A PHYSICAL OR MENTAL 09 DISABILITY" MEANS AN INDIVIDUAL WHO HAS A PHYSICAL OR MENTAL 10 CONDITION THAT MATERIALLY LIMITS, CONTRIBUTES TO LIMITING, OR, 11 IF NOT CORRECTED, WILL PROBABLY RESULT IN LIMITING THE 12 INDIVIDUAL'S ACTIVITIES OR FUNCTIONING; 13 (8)] "licensee" means a blind person or a [SEVERELY 14 HANDICAPPED] person with a severe disability licensed by the division of 15 vocational rehabilitation under 20 U.S.C. 107 - 107b and 107d - 107f ([THE] 16 Randolph-Sheppard Act), AS 23.15.133, and regulations adopted under federal or 17 state law; 18 (8) "person with a severe disability" means a person who has one 19 or more physical or mental disabilities that seriously limit the person's functional 20 capacities in terms of regular employment and whose vocational rehabilitation 21 requires multiple vocational rehabilitation services over an extended period of 22 time; 23 (9) "public property" means real or personal property owned or leased 24 by the state or federal government [,] or an agency of the state or federal government; 25 (10) ["SEVERELY HANDICAPPED PERSON " MEANS A 26 PERSON WHO HAS ONE OR MORE PHYSICAL OR MENTAL DISABILITIES 27 THAT SERIOUSLY LIMIT THE PERSON'S FUNCTIONAL CAPACITIES IN 28 TERMS OF REGULAR EMPLOYMENT, AND WHOSE VOCATIONAL 29 REHABILITATION REQUIRES MULTIPLE VOCATIONAL REHABILITATION 30 SERVICES OVER AN EXTENDED PERIOD OF TIME; 31 (11)] "vending facility" means a vending machine, cafeteria, snack bar,
01 shelter, cart, or counter where food, tobacco, newspapers, periodicals, and other 02 articles are offered for sale to the general public and dispensed automatically or 03 manually whether prepared on or off the premises; and excludes a facility in a 04 hospital, school, or other institution where food or other articles are offered for sale 05 only to patients, inmates, and persons enrolled in or employed by the institution; 06 (11) [(12)] "vocational rehabilitation service" means goods and 07 services, including diagnostic and related services, necessary to enable an [A 08 HANDICAPPED] individual with a disability to engage in gainful employment; 09 (12) [(13)] "workshop" means a rehabilitation facility engaged in a 10 production or service operation that is operated for the primary purpose of providing 11 gainful employment or professional services to persons with disabilities [THE 12 HANDICAPPED] as an interim step in the rehabilitation process for those who cannot 13 readily be absorbed in the competitive labor market or during times when employment 14 opportunities for them in the competitive labor market do not exist. 15 * Sec. 14. AS 29.60.120(f)(1) is amended to read: 16 (1) "health facility" 17 (A) means a facility that is licensed or certified by the state or 18 approved under regulations adopted by the department and that is owned or 19 operated or both by a municipality or by a nonprofit corporation or other 20 nonprofit sponsor; 21 (B) includes a public health center, maternity home, 22 community mental health center, facility for persons with mental or physical 23 disabilities [THE MENTALLY OR PHYSICALLY HANDICAPPED], 24 nursing home, convalescent center, domestic violence or sexual assault shelter 25 qualified to receive a grant or contract under AS 18.66, or alcohol or drug 26 abuse facility that meets standards established under AS 47.37; 27 (C) excludes a facility operated or wholly supported by the 28 state or the federal government; 29 * Sec. 15. AS 35.10.015(a) is amended to read: 30 (a) The department shall prepare, adopt, and enforce regulations governing the 31 construction of public buildings and facilities by or for the state, including the
01 University of Alaska, and its political subdivisions, whether financed in whole or in 02 part by federal funds, to ensure that public buildings and facilities are accessible to [,] 03 and usable by persons with disabilities and by the [, THE PHYSICALLY 04 HANDICAPPED,] aged [,] or infirm. The regulations of the department must conform 05 to a standard comparable to applicable provisions of federal law, regulations, and 06 standards. 07 * Sec. 16. AS 35.10.015(c) is amended to read: 08 (c) All ferries owned or operated by the state shall be equipped with elevators 09 or other passenger lifting equipment, ramps, or other facilities and devices to ensure 10 that these vessels are accessible to and usable by persons with disabilities and by 11 [PHYSICALLY HANDICAPPED,] aged or infirm passengers. In this subsection, 12 "accessible to and usable by" means that a person with a disability or an [A 13 PHYSICALLY HANDICAPPED,] aged or infirm passenger can board, disembark and 14 move between decks and about the public areas aboard a state ferry with personal 15 comfort and safety [,] and with safety to [,] other passengers and members of the crew. 16 * Sec. 17. AS 35.10.015(d) is amended to read: 17 (d) After June 25, 1976, a ferry may not be constructed, lengthened, 18 completely renovated, or purchased for use or entered into service by the division of 19 marine transportation of the department as a part of the Alaska marine highway system 20 that does not include adequate facilities and devices to ensure that the vessel is 21 accessible to and usable by persons with disabilities and by [PHYSICALLY 22 HANDICAPPED,] aged or infirm passengers. Some staterooms and all restrooms, 23 indoor passageways, outdoor weather decks, and other public areas aboard the vessel 24 shall be so designed and constructed as to permit access and use by persons with 25 disabilities and by [PHYSICALLY HANDICAPPED,] aged [,] or infirm passengers, 26 including [BUT NOT LIMITED TO] those persons occupying a wheelchair. 27 * Sec. 18. AS 35.10.015(e) is amended to read: 28 (e) After June 25, 1976, a [NO] public building or facility in the state may not 29 be planned, designed, financed, constructed, opened to public use, or otherwise placed 30 in operation unless it meets the standards established under this section. If the 31 standards for a public building or facility are not provided for in federal statute
01 [LAW], regulation, or standards, the department shall determine the extent of, and 02 adopt regulations setting the standards for, access to and use of the public building or 03 facility by persons with disabilities and by the [PHYSICALLY HANDICAPPED,] 04 aged [,] or infirm. 05 * Sec. 19. AS 36.30.040(b) is amended to read: 06 (b) The commissioner shall adopt regulations pertaining to 07 (1) suspension, debarment, and reinstatement of prospective bidders 08 and contractors; 09 (2) bid protests; 10 (3) conditions and procedures for the procurement of perishables and 11 items for resale; 12 (4) conditions and procedures for the use of source selection methods 13 authorized by this chapter, including single source procurements, emergency 14 procurements, and small procurements; 15 (5) the opening or rejection of bids and offers, and waiver of 16 informalities in bids and offers; 17 (6) confidentiality of technical data and trade secrets submitted by 18 actual or prospective bidders or offerors; 19 (7) partial, progressive, and multiple awards; 20 (8) storerooms and inventories, including determination of appropriate 21 stock levels and the management of agency supplies; 22 (9) transfer, sale, or other disposal of supplies; 23 (10) definitions and classes of contractual services and procedures for 24 acquiring them; 25 (11) providing for conducting price analysis; 26 (12) use of payment and performance bonds in connection with 27 contracts for supplies, services, and construction; 28 (13) guidelines for use of cost principles in negotiations, adjustments, 29 and settlements; 30 (14) conditions under which an agency may use the services of an 31 employment program;
01 (15) a bidder's or offeror's duties under this chapter; and 02 (16) the elimination and prevention of discrimination in state 03 contracting because of race, religion, color, national origin, sex, age, marital status, 04 pregnancy, parenthood, disability [HANDICAP], or political affiliation. 05 * Sec. 20. AS 36.30.990(11) is amended to read: 06 (11) "employment program" means a nonprofit program to increase 07 employment opportunities for individuals with physical or mental disabilities that 08 constitute substantial barriers [HANDICAPS] to employment; 09 * Sec. 21. AS 39.25.160(f) is amended to read: 10 (f) Action affecting the employment status of a state employee or an applicant 11 for state service, including appointment, promotion, demotion, suspension, or removal, 12 may not be taken or withheld on the basis of unlawful discrimination due to race, 13 religion, color, [OR] national origin, age, disability [HANDICAP], sex, marital status, 14 change in marital status, pregnancy, or parenthood. In addition, action affecting the 15 employment status of an employee in the classified service, including appointment, 16 promotion, demotion, suspension, or removal, may not be taken or withheld for a 17 reason not related to merit. 18 * Sec. 22. AS 41.21.027(b) is amended to read: 19 (b) The state may not enter into a concession contract under (a) of this section 20 if the proposed contract involves estimated annual gross receipts of more than 21 $100,000, construction of facilities, a term longer than four years, or the provision of 22 services other than those normally provided at similar facilities managed by the state, 23 unless the commissioner finds that the proposed concession contract 24 (1) will implement the purposes of the park unit and is authorized by 25 the park management plan, if any, that applies to the park unit; 26 (2) will enhance public use and enjoyment of the park unit while 27 maintaining a high quality environment and the opportunity for high quality 28 recreational experiences; 29 (3) will provide services or facilities that are not feasible or affordable 30 for the state to provide directly; 31 (4) will not create unacceptable adverse environmental effects;
01 (5) is based on a need and desire of the public; 02 (6) recognizes and accommodates, at no cost, ordinary uses in a park 03 unit; 04 (7) requires the contractor to hire residents of the state, to the extent 05 available and qualified, when hiring persons to work in the park under the contract; 06 (8) provides the state with a fair and equitable portion, in money or 07 services, of the contractor's receipts from the provision of the service or the operation 08 of the facility; 09 (9) provides that the department retains control over the level of fees 10 and the design and appearance of any facility to be constructed; 11 (10) encourages the contractor to accommodate visitors with special 12 circumstances, including [HANDICAPPED] persons with disabilities, senior citizens, 13 and school children; and 14 (11) provides that the contract may be terminated if the contractor fails 15 to fulfill the requirements of this section or the contract. 16 * Sec. 23. AS 47.14.100(d) is amended to read: 17 (d) In addition to money paid for the maintenance of foster children under (b) 18 of this section, the department 19 (1) shall pay the costs of caring for [PHYSICALLY OR MENTALLY 20 HANDICAPPED] foster children with physical or mental disabilities, including the 21 additional costs of medical care, habilitative and rehabilitative treatment, services and 22 equipment, and special clothing, and the indirect costs of medical care, including child 23 care and transportation expenses; 24 (2) may pay for respite care; in this paragraph, "respite care" means 25 child care for the purpose of providing temporary relief from the stresses of caring for 26 a foster child; and 27 (3) may pay a subsidized guardianship payment under AS 25.23.210 28 when a foster child's foster parents or other persons approved by the department 29 become court-appointed legal guardians of the child. 30 * Sec. 24. AS 47.75.060(2) is amended to read: 31 (2) "social services" means child care services, protective services for
01 children and adults, services for children and adults in foster care, services related to 02 the management and maintenance of the home, day care services for adults, 03 transportation services, training and related services, employment services, 04 information, referral, and counseling services, the preparation and delivery of meals, 05 health support services, a full range of legal services, and appropriate combinations of 06 services designed to meet the special needs of children, the aged, the developmentally 07 disabled, the blind, the mentally ill, persons with physical disabilities [THE 08 PHYSICALLY HANDICAPPED], and alcoholics and drug addicts. 09 * Sec. 25. AS 47.80.010 is amended to read: 10 Sec. 47.80.010. Rights of persons with disabilities [HANDICAPS]. Persons 11 with disabilities [HANDICAPS] have the same legal rights and responsibilities 12 guaranteed all other persons by the Constitution of the United States and federal laws 13 and by the constitution and laws of the state. An otherwise qualified person may not 14 be excluded, by reason of having a disability [HANDICAP], from participation in, be 15 denied the benefits of, or be subjected to discrimination under, any program or activity 16 that receives public funds. Some persons with disabilities [HANDICAPS] may be 17 unable, due to the severity of their disability [HANDICAP], to exercise for 18 themselves all of their rights in a meaningful way; for others modification of some or 19 all of their rights is appropriate. The procedure used for modification of rights must 20 contain proper legal safeguards against every form of abuse, must be based on an 21 evaluation of the social capability of the person by qualified experts, and must be 22 subject to periodic reviews and to the right of appeal to higher authorities. 23 * Sec. 26. AS 47.80.020 is amended to read: 24 Sec. 47.80.020. Protection and advocacy of rights. The department shall 25 establish a system to protect and advocate rights of persons with disabilities 26 [HANDICAPS]. The system 27 (1) has the authority to pursue legal, administrative, and other 28 appropriate remedies to assure the protection of the rights of persons with disabilities 29 [HANDICAPS]; and 30 (2) shall be independent of any state agency that provides treatment, 31 services, or habilitation of persons with disabilities [HANDICAPS].
01 * Sec. 27. AS 47.80.040(f) is amended to read: 02 (f) In the appointment of all members other than state agency members, due 03 regard shall be given to geographically balanced representation of areas of the state 04 and to representation of persons with a variety of different mental and physical 05 disabilities [HANDICAPS]. 06 * Sec. 28. AS 47.80.100(a) is amended to read: 07 (a) The Department of Health and Social Services, the Department of 08 Education and Early Development, and other departments of the state as appropriate, 09 shall, in coordination, plan, develop, and implement a comprehensive system of 10 services and facilities for persons with disabilities [HANDICAPS,] that is consistent 11 with the state plan adopted under AS 47.80.090(5) and is dispersed geographically 12 within the state. 13 * Sec. 29. AS 47.80.100(b) is amended to read: 14 (b) The services required in (a) of this section are specialized services or 15 special adaptations of services available to the general population and shall be directed 16 toward the social, personal, physical, or economic habilitation or rehabilitation of 17 persons with disabilities [HANDICAPS]. 18 * Sec. 30. AS 47.80.110 is amended to read: 19 Sec. 47.80.110. Program principles. The system of services and facilities 20 required under AS 47.80.100 shall accord with the principles that service providers 21 shall 22 (1) make services available at times and locations that enable residents 23 of the provider's service area to obtain services readily; 24 (2) ensure each client's right to confidentiality and treatment with 25 dignity; 26 (3) establish staffing patterns that reflect the cultural, linguistic, and 27 other social characteristics of the community and that incorporate multidisciplinary 28 professional staff to meet client functional levels and diagnostic and treatment needs; 29 (4) promote client and family participation in formulating, delivering, 30 and evaluating treatment and rehabilitation; 31 (5) design treatment and habilitation to maximize individual potential
01 and minimize institutionalization; and 02 (6) provide services in the least restrictive setting, enabling a person to 03 live as normally as possible within the limitations of the disability [HANDICAP]. 04 * Sec. 31. AS 47.80.120 is amended to read: 05 Sec. 47.80.120. Habilitation plans. A state agency, contractor, or grantee who 06 is directly responsible for providing services to persons with disabilities 07 [HANDICAPS] shall develop an individual habilitation plan for each person whose 08 program of services utilizes state funds. The plan shall be completed in writing and 09 furnished to the department within 30 days of admission of a client to the program of 10 services. The plan, its renewals, and any changes of it [,] shall have the written 11 concurrence of the client, or the client's parent or guardian when appropriate, and the 12 agency or contractor responsible for providing services. The development and content 13 of a plan shall conform to requirements established by the department by regulation. 14 Insofar as practicable, the requirements shall conform to those established for 15 individual habilitation plans under P.L. 91-517 or P.L. 94-103, as amended. Each plan 16 shall be time-limited, evaluated, and renewed at least annually. 17 * Sec. 32. AS 47.80.130(a) is amended to read: 18 (a) The department shall 19 (1) develop budgets and receive and distribute appropriations and 20 funds under this section; 21 (2) adopt regulations regarding standards of services and facilities for 22 persons with disabilities [HANDICAPS] and the quality of services and the process 23 by which services are to be delivered; 24 (3) adopt any other regulations necessary to implement this chapter; 25 (4) provide technical assistance to public and private agencies in 26 planning, developing, and implementing programs to serve [HANDICAPPED] 27 persons with disabilities; 28 (5) operate programs and facilities [,] and enter into agreements, 29 contracts, or grants necessary to provide services required under this chapter; 30 (6) take the actions and undertake the obligations that are necessary to 31 participate in federal grant-in-aid programs and accept federal or other financial aid
01 for the study, examination, care, and treatment of persons with disabilities [THE 02 HANDICAPPED]. 03 * Sec. 33. AS 47.80.150(a) is amended to read: 04 (a) A person with a disability [HANDICAP] or the person's legal 05 representative acting in a representative capacity, the person's spouse, or the person's 06 parents if the person is a minor [,] shall pay or contribute to the payment of the 07 charges for the care or treatment in accordance with the fee schedule adopted under 08 AS 44.29.022. The order of the department relating to the payment of charges shall be 09 prospective in effect and may relate only to charges to be incurred, except that, if a 10 person intentionally conceals ability to pay, the person shall be ordered to pay to the 11 extent of the person's ability to pay the charges accruing during the period of the 12 concealment. The order of the department relating to the payment of charges by the 13 person with a disability [HANDICAP] or the person's legal representative, or the 14 person's spouse or parents, shall be issued within six months of the date on which the 15 charge was incurred. The department may make necessary investigations to determine 16 the ability to pay. The order shall remain in full force and effect unless modified by 17 subsequent court or department orders. 18 * Sec. 34. AS 47.80.150(b) is amended to read: 19 (b) As used in (a) of this section, the term "actual cost of the care and 20 treatment" means the lesser of (1) the rate provided for by a contract entered into 21 under this chapter, (2) the fee established under AS 44.29.022 for services provided 22 under this chapter or, (3) if the person is under the age of 18, the cost of care of a 23 person of the same age who is not a person with a disability [HANDICAP] and who 24 resides with a parent or guardian, and includes expenses of transportation incidental to 25 treatment and carrying out the intent of this chapter. In establishing fees for services 26 under this chapter, the commissioner shall consider the income and family size of the 27 responsible party, age of the person receiving the services, and other factors that relate 28 to the ability to pay. Fees may not exceed the actual cost of the care or treatment. 29 * Sec. 35. AS 47.80.150(e) is amended to read: 30 (e) All money paid to the department by the person with a disability 31 [HANDICAP] or on the person's behalf, under this section, shall be deposited in the
01 general fund. 02 * Sec. 36. AS 47.80.150(f) is amended to read: 03 (f) If an order of payment is entered by the department under this section and 04 delinquency in the payment of any amount due the state under the order continues for 05 a period of more than 30 days after the notification by the department to the person, 06 the legal representative, parent, or spouse of the person with a disability 07 [HANDICAP], the state may proceed to collect the amounts due by appropriate 08 proceedings. Actions to enforce the collection of payments may only be brought 09 within three years after the date of notification of a delinquent payment. 10 * Sec. 37. AS 47.80.900(3) is amended to read: 11 (3) "facilities for persons with disabilities [HANDICAPS]" means 12 publicly or privately operated facilities, or specified portions of facilities, designed 13 primarily for the delivery of services to those persons; the term includes [BUT IS 14 NOT LIMITED TO] residential facilities; 15 * Sec. 38. AS 47.80.900(4) is amended to read: 16 (4) "habilitation" means education or training for persons with 17 disabilities [THE HANDICAPPED] to enable them to function better in society; 18 * Sec. 39. AS 47.80.900(5) is amended to read: 19 (5) "least restrictive setting" means a residential or other setting for 20 meeting the needs of a person with a disability that [HANDICAPPED PERSON 21 WHICH] requires the least amount of restriction of personal liberty by enabling the 22 person to function in as normal an environment as possible and to live as normally as 23 possible, within the limitations of the disability [HANDICAP]; 24 * Sec. 40. AS 47.80.900(6) is amended to read: 25 (6) "person with a disability [HANDICAP]" means a person with a 26 developmental disability as defined in (7) of this section or a person who is hard of 27 hearing, deaf, speech impaired, visually disabled [HANDICAPPED], seriously 28 emotionally disturbed, orthopedically or otherwise health impaired, or who has a 29 specific learning disability; the term includes a child with a disability as defined in 30 AS 14.30.350; 31 * Sec. 41. AS 47.80.900(8) is amended to read:
01 (8) "residential facility" means a publicly or privately operated facility 02 that provides 24-hour care for four or more persons with disabilities [HANDICAPS], 03 excluding family, foster family, or adoptive homes; 04 * Sec. 42. AS 47.80.900(9) is amended to read: 05 (9) "substantial disability [HANDICAP]" means a disability that 06 prevents or substantially impedes the person's participating in and benefiting from the 07 social, economic, educational, recreational, or other opportunities generally available 08 to peers in the community who are not similarly disabled [HANDICAPPED]. 09 * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 CONFORMING INSTRUCTIONS. (a) The revisor of statutes is instructed to change 12 the catchline of AS 47.80.100 from "Programs for persons with handicaps" to "Programs for 13 persons with disabilities." 14 (b) Throughout the Alaska Administrative Code, the regulations attorney is instructed 15 to change the terms "handicapped," "handicap," and "handicaps," as appropriate, in a manner 16 consistent with the changes made in secs. 2 - 42 of this Act. 17 * Sec. 44. This Act takes effect immediately under AS 01.10.070(c).