CSHB 357(FIN): "An Act updating the terminology in statutes for persons with disabilities; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 357(FIN) 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. AS 14.30.630(b) is amended to read: 05 (b) The agency shall 06 (1) provide special education services including 07 (A) itinerant outreach services to students who are deaf, deaf- 08 blind, mentally retarded, hearing impaired, blind and visually impaired, 09 orthopedically disabled, [HANDICAPPED, OTHER] health-impaired in 10 other ways, and [,] severely emotionally disturbed, and to [MULTI- 11 HANDICAPPED] students with multiple disabilities; 12 (B) special education instructional support and training of local 13 school district special education personnel; and 14 (C) other services appropriate to special education needs;
01 (2) provide for an annual audit of the agency; 02 (3) provide the department with a two-year plan of operation including 03 a description of the services to be offered by the agency, the method by which the 04 services will be evaluated, information on the number of students and school district 05 personnel to be served, a schedule of funds available to the agency from all sources, 06 and other information that may be required by the department by regulation; 07 (4) present an annual budget to the department. 08 * Sec. 2. AS 18.15.210 is amended to read: 09 Sec. 18.15.210. Testing for certain other heritable diseases. The department 10 shall administer and provide services for testing for other heritable diseases that lead 11 to mental retardation and physical disabilities [HANDICAPS] as screening programs 12 accepted by current medical practice and as developed. 13 * Sec. 3. AS 18.55.130(b) is amended to read: 14 (b) Except in the case of leased housing as provided in 42 U.S.C. 1437f, the 15 corporation shall fix the income limits for occupancy of its low-cost housing projects 16 and rents that are approved by the United States Department of Housing and Urban 17 Development after taking into consideration 18 (1) the family size, composition, age, physical disabilities 19 [HANDICAPS], and other factors that might affect the rent-paying ability of the 20 family; and 21 (2) the economic factors that affect the financial stability and solvency 22 of the project. 23 * Sec. 4. AS 23.15.080 is amended to read: 24 Sec. 23.15.080. Eligibility for vocational rehabilitation service. (a) 25 Vocational rehabilitation service shall be provided directly or through a public or 26 private instrumentality to an [A HANDICAPPED] individual with a disability who 27 (1) is a resident of the state at the time of application for the service 28 and whose vocational rehabilitation the agency determines after full investigation can 29 be satisfactorily achieved; or 30 (2) is eligible for the service under an agreement with another state or 31 with the federal government.
01 (b) In determining the types and extent of vocational rehabilitation services to 02 be provided to an [A HANDICAPPED] individual with a disability, the agency shall 03 take into consideration any similar benefits that may be available to the individual 04 under other programs. However, the agency may not take other benefits into 05 consideration when doing so would significantly delay the provision of needed 06 services to the [HANDICAPPED] individual with a disability. The agency need not 07 take other benefits into consideration when they are for 08 (1) diagnostic and related services, including transportation and 09 subsistence in connection with those services; 10 (2) counseling, guidance, and referral; 11 (3) training, including personal and vocational adjustment training, and 12 necessary training materials; 13 (4) services to members of families of [HANDICAPPED] individuals 14 with disabilities; 15 (5) job placement; and 16 (6) services necessary to assist [HANDICAPPED] individuals with 17 disabilities to maintain suitable employment. 18 * Sec. 5. AS 23.15.090 is amended to read: 19 Sec. 23.15.090. Priority as to eligibility. If vocational rehabilitation service 20 cannot be provided for all eligible [HANDICAPPED] individuals with disabilities 21 who apply, the agency shall provide by regulation for determining the order to be 22 followed in selecting those to whom the services will be provided. 23 * Sec. 6. AS 23.15.100 is amended to read: 24 Sec. 23.15.100. Powers and duties; vending facilities. (a) In carrying out 25 AS 23.15.010 - 23.15.210, the agency shall 26 (1) take the action it considers necessary or appropriate to carry out the 27 purposes of AS 23.15.010 - 23.15.210 [,] and adopt regulations in conformity with 28 these purposes; 29 (2) determine the eligibility of applicants for vocational rehabilitation 30 service; 31 (3) submit to the governor annual reports of activities and expenditures
01 and, before each regular session of the legislature, estimates of sums required for 02 carrying out AS 23.15.010 - 23.15.210 and estimates of the amounts to be made 03 available for this purpose from all sources; 04 (4) cooperate with public and private departments, agencies, and 05 institutions in providing for the vocational rehabilitation of [HANDICAPPED] 06 individuals with disabilities, studying the problems involved in providing this 07 rehabilitation, and establishing, developing, and providing, in conformity with the 08 purposes of AS 23.15.010 - 23.15.210, the programs, facilities, and services that may 09 be necessary or desirable; 10 (5) survey the potential for providing vending facilities on public 11 property and, when feasible, establish vending facilities operated by blind persons and 12 [SEVERELY HANDICAPPED] persons with severe disabilities on public property; 13 (6) license blind persons and [SEVERELY HANDICAPPED] persons 14 with severe disabilities in accordance with AS 23.15.133 for the operation of vending 15 facilities on public property, with blind persons having first priority for operation of 16 the vending facilities; 17 (7) provide the training and supervision necessary to enable blind 18 persons and [SEVERELY HANDICAPPED] persons with severe disabilities to 19 operate vending facilities; 20 (8) provide the equipment and initial stock necessary to enable blind 21 persons and [SEVERELY HANDICAPPED] persons with severe disabilities to 22 operate vending facilities. 23 (b) In carrying out AS 23.15.010 - 23.15.210, the agency may 24 (1) enter into agreements with other states to provide for the vocational 25 rehabilitation of residents of the states concerned; 26 (2) establish and operate rehabilitation facilities and workshops and 27 make grants to public and other nonprofit organizations for these purposes; 28 (3) supervise the operation of vending stands and other small 29 businesses established under AS 23.15.010 - 23.15.210 to be conducted by 30 [SEVERELY HANDICAPPED] individuals with severe disabilities; 31 (4) make studies, investigations, demonstrations, and reports, and
01 provide training and instruction, including the establishment and maintenance of the 02 research fellowships and traineeships with the stipends and allowances that are 03 considered necessary, in matters relating to vocational rehabilitation; and 04 (5) adopt regulations necessary for carrying out the provisions of 05 AS 23.15.010 - 23.15.210. 06 * Sec. 7. AS 23.15.125(e)(2) is amended to read: 07 (2) "person with a disability" means [A HANDICAPPED 08 INDIVIDUAL OR] an individual having a physical or mental disability. 09 * Sec. 8. AS 23.15.133(a) is amended to read: 10 (a) The agency shall issue a license for the operation of a vending facility on 11 public property to a blind person or a [SEVERELY HANDICAPPED] person with a 12 severe disability who is a resident of the state at the time of application and who 13 qualifies for a license under 14 (1) 20 U.S.C. 107 - 107f [107(f)] ([THE] Randolph-Sheppard Act); or 15 (2) regulations adopted by the agency providing for licensing of blind 16 persons or [SEVERELY HANDICAPPED] persons with severe disabilities. 17 * Sec. 9. AS 23.15.134 is amended to read: 18 Sec. 23.15.134. Active participation by [SEVERELY HANDICAPPED] 19 licensees with severe disabilities. The agency shall adopt regulations that ensure the 20 opportunity for active participation by a [SEVERELY HANDICAPPED] licensee 21 with severe disabilities in the administration of vending facilities operated by 22 [SEVERELY HANDICAPPED] licensees with severe disabilities. The opportunity 23 for active participation provided under this section must be at least as extensive as the 24 opportunity for active participation provided for a blind licensee under AS 23.15.135. 25 * Sec. 10. AS 23.15.170 is amended to read: 26 Sec. 23.15.170. Maintenance not assignable. The right of an [A 27 HANDICAPPED] individual with a disability to maintenance under AS 23.15.010 - 28 23.15.210 is not transferable or assignable at law or in equity. 29 * Sec. 11. AS 23.15.180(b) is amended to read: 30 (b) A blind person or a [SEVERELY HANDICAPPED] person with a severe 31 disability aggrieved by a decision or action of the agency under AS 23.15.133 -
01 23.15.135 shall receive a hearing on request in accordance with AS 44.62.330 - 02 44.62.630 (Administrative Procedure Act). A blind person may also file a complaint in 03 accordance with 20 U.S.C. 107d-1 for arbitration of a grievance. 04 * Sec. 12. AS 23.15.210 is amended to read: 05 Sec. 23.15.210. Definitions. In AS 23.15.010 - 23.15.210, 06 (1) "active participation" means a process through which the 07 Committee of Blind Vendors or a licensee is provided the opportunity to exert a major 08 influence in program policies, standards, and procedures affecting the operation of 09 vending facilities, with the commissioner of education and early development having 10 final responsibility; 11 (2) "agency" means the division of vocational rehabilitation; 12 (3) "blind person" means a person whose central visual acuity does not 13 exceed 20/200 in the better eye with correcting lenses, or whose visual acuity, if better 14 than 20/200, is accompanied by a limit to the field of vision in the better eye to such a 15 degree that its widest diameter subtends an angle of not [NO] greater than 20 degrees; 16 an examination by an ophthalmologist or by an optometrist is necessary before a 17 person is found to be blind; 18 (4) [REPEALED 19 (5)] "director" means the director of the division of vocational 20 rehabilitation; 21 (5) "individual having a physical or mental disability" means an 22 individual who has a physical or mental condition that materially limits, 23 contributes to limiting, or, if not corrected, will probably result in limiting the 24 individual's activities or functioning; 25 (6) "[HANDICAPPED] individual with a disability" means an 26 individual having a physical or mental disability that [WHICH] for that individual 27 constitutes or results in a substantial barrier [HANDICAP] to employment and who 28 can reasonably be expected to benefit in terms of employability from the provision of 29 vocational rehabilitation services; 30 (7) ["INDIVIDUAL HAVING A PHYSICAL OR MENTAL 31 DISABILITY" MEANS AN INDIVIDUAL WHO HAS A PHYSICAL OR MENTAL
01 CONDITION THAT MATERIALLY LIMITS, CONTRIBUTES TO LIMITING, OR, 02 IF NOT CORRECTED, WILL PROBABLY RESULT IN LIMITING THE 03 INDIVIDUAL'S ACTIVITIES OR FUNCTIONING; 04 (8)] "licensee" means a blind person or a [SEVERELY 05 HANDICAPPED] person with a severe disability licensed by the division of 06 vocational rehabilitation under 20 U.S.C. 107 - 107b and 107d - 107f ([THE] 07 Randolph-Sheppard Act), AS 23.15.133, and regulations adopted under federal or 08 state law; 09 (8) "person with a severe disability" means a person who has one 10 or more physical or mental disabilities that seriously limit the person's functional 11 capacities in terms of regular employment and whose vocational rehabilitation 12 requires multiple vocational rehabilitation services over an extended period of 13 time; 14 (9) "public property" means real or personal property owned or leased 15 by the state or federal government [,] or an agency of the state or federal government; 16 (10) ["SEVERELY HANDICAPPED PERSON " MEANS A 17 PERSON WHO HAS ONE OR MORE PHYSICAL OR MENTAL DISABILITIES 18 THAT SERIOUSLY LIMIT THE PERSON'S FUNCTIONAL CAPACITIES IN 19 TERMS OF REGULAR EMPLOYMENT, AND WHOSE VOCATIONAL 20 REHABILITATION REQUIRES MULTIPLE VOCATIONAL REHABILITATION 21 SERVICES OVER AN EXTENDED PERIOD OF TIME; 22 (11)] "vending facility" means a vending machine, cafeteria, snack bar, 23 shelter, cart, or counter where food, tobacco, newspapers, periodicals, and other 24 articles are offered for sale to the general public and dispensed automatically or 25 manually whether prepared on or off the premises; and excludes a facility in a 26 hospital, school, or other institution where food or other articles are offered for sale 27 only to patients, inmates, and persons enrolled in or employed by the institution; 28 (11) [(12)] "vocational rehabilitation service" means goods and 29 services, including diagnostic and related services, necessary to enable an [A 30 HANDICAPPED] individual with a disability to engage in gainful employment; 31 (12) [(13)] "workshop" means a rehabilitation facility engaged in a
01 production or service operation that is operated for the primary purpose of providing 02 gainful employment or professional services to persons with disabilities [THE 03 HANDICAPPED] as an interim step in the rehabilitation process for those who cannot 04 readily be absorbed in the competitive labor market or during times when employment 05 opportunities for them in the competitive labor market do not exist. 06 * Sec. 13. AS 29.60.120(f)(1) is amended to read: 07 (1) "health facility" 08 (A) means a facility that is licensed or certified by the state or 09 approved under regulations adopted by the department and that is owned or 10 operated or both by a municipality or by a nonprofit corporation or other 11 nonprofit sponsor; 12 (B) includes a public health center, maternity home, 13 community mental health center, facility for persons with mental or physical 14 disabilities [THE MENTALLY OR PHYSICALLY HANDICAPPED], 15 nursing home, convalescent center, domestic violence or sexual assault shelter 16 qualified to receive a grant or contract under AS 18.66, or alcohol or drug 17 abuse facility that meets standards established under AS 47.37; 18 (C) excludes a facility operated or wholly supported by the 19 state or the federal government; 20 * Sec. 14. AS 35.10.015(a) is amended to read: 21 (a) The department shall prepare, adopt, and enforce regulations governing the 22 construction of public buildings and facilities by or for the state, including the 23 University of Alaska, and its political subdivisions, whether financed in whole or in 24 part by federal funds, to ensure that public buildings and facilities are accessible to [,] 25 and usable by persons with disabilities and by the [, THE PHYSICALLY 26 HANDICAPPED,] aged [,] or infirm. The regulations of the department must conform 27 to a standard comparable to applicable provisions of federal law, regulations, and 28 standards. 29 * Sec. 15. AS 35.10.015(c) is amended to read: 30 (c) All ferries owned or operated by the state shall be equipped with elevators 31 or other passenger lifting equipment, ramps, or other facilities and devices to ensure
01 that these vessels are accessible to and usable by persons with disabilities and by 02 [PHYSICALLY HANDICAPPED,] aged or infirm passengers. In this subsection, 03 "accessible to and usable by" means that a person with a disability or an [A 04 PHYSICALLY HANDICAPPED,] aged or infirm passenger can board, disembark and 05 move between decks and about the public areas aboard a state ferry with personal 06 comfort and safety [,] and with safety to [,] other passengers and members of the crew. 07 * Sec. 16. AS 35.10.015(d) is amended to read: 08 (d) After June 25, 1976, a ferry may not be constructed, lengthened, 09 completely renovated, or purchased for use or entered into service by the division of 10 marine transportation of the department as a part of the Alaska marine highway system 11 that does not include adequate facilities and devices to ensure that the vessel is 12 accessible to and usable by persons with disabilities and by [PHYSICALLY 13 HANDICAPPED,] aged or infirm passengers. Some staterooms and all restrooms, 14 indoor passageways, outdoor weather decks, and other public areas aboard the vessel 15 shall be so designed and constructed as to permit access and use by persons with 16 disabilities and by [PHYSICALLY HANDICAPPED,] aged [,] or infirm passengers, 17 including [BUT NOT LIMITED TO] those persons occupying a wheelchair. 18 * Sec. 17. AS 35.10.015(e) is amended to read: 19 (e) After June 25, 1976, a [NO] public building or facility in the state may not 20 be planned, designed, financed, constructed, opened to public use, or otherwise placed 21 in operation unless it meets the standards established under this section. If the 22 standards for a public building or facility are not provided for in federal statute 23 [LAW], regulation, or standards, the department shall determine the extent of, and 24 adopt regulations setting the standards for, access to and use of the public building or 25 facility by persons with disabilities and by the [PHYSICALLY HANDICAPPED,] 26 aged [,] or infirm. 27 * Sec. 18. AS 36.30.040(b) is amended to read: 28 (b) The commissioner shall adopt regulations pertaining to 29 (1) suspension, debarment, and reinstatement of prospective bidders 30 and contractors; 31 (2) bid protests;
01 (3) conditions and procedures for the procurement of perishables and 02 items for resale; 03 (4) conditions and procedures for the use of source selection methods 04 authorized by this chapter, including single source procurements, emergency 05 procurements, and small procurements; 06 (5) the opening or rejection of bids and offers, and waiver of 07 informalities in bids and offers; 08 (6) confidentiality of technical data and trade secrets submitted by 09 actual or prospective bidders or offerors; 10 (7) partial, progressive, and multiple awards; 11 (8) storerooms and inventories, including determination of appropriate 12 stock levels and the management of agency supplies; 13 (9) transfer, sale, or other disposal of supplies; 14 (10) definitions and classes of contractual services and procedures for 15 acquiring them; 16 (11) providing for conducting price analysis; 17 (12) use of payment and performance bonds in connection with 18 contracts for supplies, services, and construction; 19 (13) guidelines for use of cost principles in negotiations, adjustments, 20 and settlements; 21 (14) conditions under which an agency may use the services of an 22 employment program; 23 (15) a bidder's or offeror's duties under this chapter; and 24 (16) the elimination and prevention of discrimination in state 25 contracting because of race, religion, color, national origin, sex, age, marital status, 26 pregnancy, parenthood, disability [HANDICAP], or political affiliation. 27 * Sec. 19. AS 36.30.990(11) is amended to read: 28 (11) "employment program" means a nonprofit program to increase 29 employment opportunities for individuals with physical or mental disabilities that 30 constitute substantial barriers [HANDICAPS] to employment; 31 * Sec. 20. AS 39.25.160(f) is amended to read:
01 (f) Action affecting the employment status of a state employee or an applicant 02 for state service, including appointment, promotion, demotion, suspension, or removal, 03 may not be taken or withheld on the basis of unlawful discrimination due to race, 04 religion, color, [OR] national origin, age, disability [HANDICAP], sex, marital status, 05 change in marital status, pregnancy, or parenthood. In addition, action affecting the 06 employment status of an employee in the classified service, including appointment, 07 promotion, demotion, suspension, or removal, may not be taken or withheld for a 08 reason not related to merit. 09 * Sec. 21. AS 41.21.027(b) is amended to read: 10 (b) The state may not enter into a concession contract under (a) of this section 11 if the proposed contract involves estimated annual gross receipts of more than 12 $100,000, construction of facilities, a term longer than four years, or the provision of 13 services other than those normally provided at similar facilities managed by the state, 14 unless the commissioner finds that the proposed concession contract 15 (1) will implement the purposes of the park unit and is authorized by 16 the park management plan, if any, that applies to the park unit; 17 (2) will enhance public use and enjoyment of the park unit while 18 maintaining a high quality environment and the opportunity for high quality 19 recreational experiences; 20 (3) will provide services or facilities that are not feasible or affordable 21 for the state to provide directly; 22 (4) will not create unacceptable adverse environmental effects; 23 (5) is based on a need and desire of the public; 24 (6) recognizes and accommodates, at no cost, ordinary uses in a park 25 unit; 26 (7) requires the contractor to hire residents of the state, to the extent 27 available and qualified, when hiring persons to work in the park under the contract; 28 (8) provides the state with a fair and equitable portion, in money or 29 services, of the contractor's receipts from the provision of the service or the operation 30 of the facility; 31 (9) provides that the department retains control over the level of fees
01 and the design and appearance of any facility to be constructed; 02 (10) encourages the contractor to accommodate visitors with special 03 circumstances, including [HANDICAPPED] persons with disabilities, senior citizens, 04 and school children; and 05 (11) provides that the contract may be terminated if the contractor fails 06 to fulfill the requirements of this section or the contract. 07 * Sec. 22. AS 47.14.100(d) is amended to read: 08 (d) In addition to money paid for the maintenance of foster children under (b) 09 of this section, the department 10 (1) shall pay the costs of caring for [PHYSICALLY OR MENTALLY 11 HANDICAPPED] foster children with physical or mental disabilities, including the 12 additional costs of medical care, habilitative and rehabilitative treatment, services and 13 equipment, and special clothing, and the indirect costs of medical care, including child 14 care and transportation expenses; 15 (2) may pay for respite care; in this paragraph, "respite care" means 16 child care for the purpose of providing temporary relief from the stresses of caring for 17 a foster child; and 18 (3) may pay a subsidized guardianship payment under AS 25.23.210 19 when a foster child's foster parents or other persons approved by the department 20 become court-appointed legal guardians of the child. 21 * Sec. 23. AS 47.75.060(2) is amended to read: 22 (2) "social services" means child care services, protective services for 23 children and adults, services for children and adults in foster care, services related to 24 the management and maintenance of the home, day care services for adults, 25 transportation services, training and related services, employment services, 26 information, referral, and counseling services, the preparation and delivery of meals, 27 health support services, a full range of legal services, and appropriate combinations of 28 services designed to meet the special needs of children, the aged, persons with 29 developmental disabilities, persons who are [THE DEVELOPMENTALLY 30 DISABLED, THE] blind, persons with mental illness, persons with physical 31 disabilities [THE MENTALLY ILL, THE PHYSICALLY HANDICAPPED], and
01 persons with substance abuse disorders [ALCOHOLIC AND DRUG ADDICTS]. 02 * Sec. 24. AS 47.80.010 is amended to read: 03 Sec. 47.80.010. Rights of persons with disabilities [HANDICAPS]. Persons 04 with disabilities [HANDICAPS] have the same legal rights and responsibilities 05 guaranteed all other persons by the Constitution of the United States and federal laws 06 and by the constitution and laws of the state. An otherwise qualified person may not 07 be excluded, by reason of having a disability [HANDICAP], from participation in, be 08 denied the benefits of, or be subjected to discrimination under, any program or activity 09 that receives public funds. Some persons with disabilities [HANDICAPS] may be 10 unable, due to the severity of their disability [HANDICAP], to exercise for 11 themselves all of their rights in a meaningful way; for others modification of some or 12 all of their rights is appropriate. The procedure used for modification of rights must 13 contain proper legal safeguards against every form of abuse, must be based on an 14 evaluation of the social capability of the person by qualified experts, and must be 15 subject to periodic reviews and to the right of appeal to higher authorities. 16 * Sec. 25. AS 47.80.020 is amended to read: 17 Sec. 47.80.020. Protection and advocacy of rights. The department shall 18 establish a system to protect and advocate rights of persons with disabilities 19 [HANDICAPS]. The system 20 (1) has the authority to pursue legal, administrative, and other 21 appropriate remedies to assure the protection of the rights of persons with disabilities 22 [HANDICAPS]; and 23 (2) shall be independent of any state agency that provides treatment, 24 services, or habilitation of persons with disabilities [HANDICAPS]. 25 * Sec. 26. AS 47.80.040(f) is amended to read: 26 (f) In the appointment of all members other than state agency members, due 27 regard shall be given to geographically balanced representation of areas of the state 28 and to representation of persons with a variety of different mental and physical 29 disabilities [HANDICAPS]. 30 * Sec. 27. AS 47.80.100(a) is amended to read: 31 (a) The Department of Health and Social Services, the Department of
01 Education and Early Development, and other departments of the state as appropriate, 02 shall, in coordination, plan, develop, and implement a comprehensive system of 03 services and facilities for persons with disabilities [HANDICAPS,] that is consistent 04 with the state plan adopted under AS 47.80.090(5) and is dispersed geographically 05 within the state. 06 * Sec. 28. AS 47.80.100(b) is amended to read: 07 (b) The services required in (a) of this section are specialized services or 08 special adaptations of services available to the general population and shall be directed 09 toward the social, personal, physical, or economic habilitation or rehabilitation of 10 persons with disabilities [HANDICAPS]. 11 * Sec. 29. AS 47.80.110 is amended to read: 12 Sec. 47.80.110. Program principles. The system of services and facilities 13 required under AS 47.80.100 shall accord with the principles that service providers 14 shall 15 (1) make services available at times and locations that enable residents 16 of the provider's service area to obtain services readily; 17 (2) ensure each client's right to confidentiality and treatment with 18 dignity; 19 (3) establish staffing patterns that reflect the cultural, linguistic, and 20 other social characteristics of the community and that incorporate multidisciplinary 21 professional staff to meet client functional levels and diagnostic and treatment needs; 22 (4) promote client and family participation in formulating, delivering, 23 and evaluating treatment and rehabilitation; 24 (5) design treatment and habilitation to maximize individual potential 25 and minimize institutionalization; and 26 (6) provide services in the least restrictive setting, enabling a person to 27 live as normally as possible within the limitations of the disability [HANDICAP]. 28 * Sec. 30. AS 47.80.120 is amended to read: 29 Sec. 47.80.120. Habilitation plans. A state agency, contractor, or grantee who 30 is directly responsible for providing services to persons with disabilities 31 [HANDICAPS] shall develop an individual habilitation plan for each person whose
01 program of services utilizes state funds. The plan shall be completed in writing and 02 furnished to the department within 30 days of admission of a client to the program of 03 services. The plan, its renewals, and any changes of it [,] shall have the written 04 concurrence of the client, or the client's parent or guardian when appropriate, and the 05 agency or contractor responsible for providing services. The development and content 06 of a plan shall conform to requirements established by the department by regulation. 07 Insofar as practicable, the requirements shall conform to those established for 08 individual habilitation plans under P.L. 91-517 or P.L. 94-103, as amended. Each plan 09 shall be time-limited, evaluated, and renewed at least annually. 10 * Sec. 31. AS 47.80.130(a) is amended to read: 11 (a) The department shall 12 (1) develop budgets and receive and distribute appropriations and 13 funds under this section; 14 (2) adopt regulations regarding standards of services and facilities for 15 persons with disabilities [HANDICAPS] and the quality of services and the process 16 by which services are to be delivered; 17 (3) adopt any other regulations necessary to implement this chapter; 18 (4) provide technical assistance to public and private agencies in 19 planning, developing, and implementing programs to serve [HANDICAPPED] 20 persons with disabilities; 21 (5) operate programs and facilities [,] and enter into agreements, 22 contracts, or grants necessary to provide services required under this chapter; 23 (6) take the actions and undertake the obligations that are necessary to 24 participate in federal grant-in-aid programs and accept federal or other financial aid 25 for the study, examination, care, and treatment of persons with disabilities [THE 26 HANDICAPPED]. 27 * Sec. 32. AS 47.80.150(a) is amended to read: 28 (a) A person with a disability [HANDICAP] or the person's legal 29 representative acting in a representative capacity, the person's spouse, or the person's 30 parents if the person is a minor [,] shall pay or contribute to the payment of the 31 charges for the care or treatment in accordance with the fee schedule adopted under
01 AS 44.29.022. The order of the department relating to the payment of charges shall be 02 prospective in effect and may relate only to charges to be incurred, except that, if a 03 person intentionally conceals ability to pay, the person shall be ordered to pay to the 04 extent of the person's ability to pay the charges accruing during the period of the 05 concealment. The order of the department relating to the payment of charges by the 06 person with a disability [HANDICAP] or the person's legal representative, or the 07 person's spouse or parents, shall be issued within six months of the date on which the 08 charge was incurred. The department may make necessary investigations to determine 09 the ability to pay. The order shall remain in full force and effect unless modified by 10 subsequent court or department orders. 11 * Sec. 33. AS 47.80.150(b) is amended to read: 12 (b) As used in (a) of this section, the term "actual cost of the care and 13 treatment" means the lesser of (1) the rate provided for by a contract entered into 14 under this chapter, (2) the fee established under AS 44.29.022 for services provided 15 under this chapter or, (3) if the person is under the age of 18, the cost of care of a 16 person of the same age who is not a person with a disability [HANDICAP] and who 17 resides with a parent or guardian, and includes expenses of transportation incidental to 18 treatment and carrying out the intent of this chapter. In establishing fees for services 19 under this chapter, the commissioner shall consider the income and family size of the 20 responsible party, age of the person receiving the services, and other factors that relate 21 to the ability to pay. Fees may not exceed the actual cost of the care or treatment. 22 * Sec. 34. AS 47.80.150(e) is amended to read: 23 (e) All money paid to the department by the person with a disability 24 [HANDICAP] or on the person's behalf, under this section, shall be deposited in the 25 general fund. 26 * Sec. 35. AS 47.80.150(f) is amended to read: 27 (f) If an order of payment is entered by the department under this section and 28 delinquency in the payment of any amount due the state under the order continues for 29 a period of more than 30 days after the notification by the department to the person, 30 the legal representative, parent, or spouse of the person with a disability 31 [HANDICAP], the state may proceed to collect the amounts due by appropriate
01 proceedings. Actions to enforce the collection of payments may only be brought 02 within three years after the date of notification of a delinquent payment. 03 * Sec. 36. AS 47.80.900(3) is amended to read: 04 (3) "facilities for persons with disabilities [HANDICAPS]" means 05 publicly or privately operated facilities, or specified portions of facilities, designed 06 primarily for the delivery of services to those persons; the term includes [BUT IS 07 NOT LIMITED TO] residential facilities; 08 * Sec. 37. AS 47.80.900(4) is amended to read: 09 (4) "habilitation" means education or training for persons with 10 disabilities [THE HANDICAPPED] to enable them to function better in society; 11 * Sec. 38. AS 47.80.900(5) is amended to read: 12 (5) "least restrictive setting" means a residential or other setting for 13 meeting the needs of a person with a disability that [HANDICAPPED PERSON 14 WHICH] requires the least amount of restriction of personal liberty by enabling the 15 person to function in as normal an environment as possible and to live as normally as 16 possible, within the limitations of the disability [HANDICAP]; 17 * Sec. 39. AS 47.80.900(6) is amended to read: 18 (6) "person with a disability [HANDICAP]" means a person with a 19 developmental disability as defined in (7) of this section or a person who is hard of 20 hearing, deaf, speech impaired, visually impaired [HANDICAPPED], seriously 21 emotionally disturbed, orthopedically or otherwise health impaired, or who has a 22 specific learning disability; the term includes a child with a disability as defined in 23 AS 14.30.350; 24 * Sec. 40. AS 47.80.900(8) is amended to read: 25 (8) "residential facility" means a publicly or privately operated facility 26 that provides 24-hour care for four or more persons with disabilities [HANDICAPS], 27 excluding family, foster family, or adoptive homes; 28 * Sec. 41. AS 47.80.900(9) is amended to read: 29 (9) "substantial disability [HANDICAP]" means a disability that 30 prevents or substantially impedes the person's participating in and benefiting from the 31 social, economic, educational, recreational, or other opportunities generally available
01 to peers in the community who are not similarly disabled [HANDICAPPED]. 02 * Sec. 42. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 CONFORMING INSTRUCTIONS. (a) The revisor of statutes is instructed to change 05 the catch line of AS 47.80.100 from "Programs for persons with handicaps" to "Programs for 06 persons with disabilities." 07 (b) Throughout the Alaska Administrative Code, the regulations attorney is instructed 08 to change the terms "handicapped," "handicap," and "handicaps," as appropriate, in a manner 09 consistent with the changes made in secs. 1 - 41 of this Act. 10 * Sec. 43. This Act takes effect immediately under AS 01.10.070(c).