SENATE DOCKET, NO. 1755        FILED ON: 1/21/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 46

The Commonwealth of Massachusetts

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PRESENTED BY:

Patricia D. Jehlen

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act eliminating archaic language pertaining to individuals with disabilities in the Commonwealth of Massachusetts.

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PETITION OF:

SENATE DOCKET, NO. 1755        FILED ON: 1/21/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 46

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act eliminating archaic language pertaining to individuals with disabilities in the Commonwealth of Massachusetts.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 32 of chapter 22C of the General Laws, as so appearing in the Official Edition of 2008, is hereby amended in the second paragraph on line 12 by deleting the word “handicap” and inserting in place thereof the following:-  disability, age,

SECTION 2. Section 1 of chapter 31 of the General Laws, as so appearing in the Official Edition of 2008, is hereby amended by inserting after the last sentence of the definition for “Handicap”, the  following:- “Handicap” shall have the same meaning as the term "disability". 

SECTION 3.  Clause (e) of subsection 1 of Section 1 of chapter 31A of the General Laws, as so appearing in the Official Edition of 2008, is hereby amended by deleting on line 22 the word “handicap” and inserting in place thereof the following:-disability

SECTION 4. Subsection 2 of section 2 of chapter 31A of the General Laws, as appearing in the Official Edition of 2008, is hereby amended by inserting after the definition for “Department” the following:- "Disability", a physical or mental impairment that substantially limits one or more major life activities without regard to the ameliorative effects of mitigating measures which do not include ordinary eyeglasses or contact lenses.

And, by inserting in section 2 of chapter 31A after the definition for “Local merit appeals board” the following:-

Major life activities” shall include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. This term also includes the meaning of “major bodily functions,” which include, but are not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

SECTION 5. Section 23 of chapter 32 of the General Laws as so appearing in the Official Edition of 2008, is hereby amended in clause (5)(b)by deleting the words physical handicap” and inserting the following:- disability  

SECTION 6. Section 4 of chapter 92B of the General Laws, as so appearing in the Official Edition of 2008, is hereby amended in line of 26 by deleting the words “physical handicap”, and inserting in their place the following:- disability

SECTION 7. The title of section 103 of chapter 93 as so appearing in the Official Edition of 2008, is hereby amended by deleting the word “handicap” and inserting in its place the following:- disability

And, in subsection A of section 103 of chapter 93, by deleting in the first sentence the word “handicap” and inserting in place thereof the following:- disability

And, in line 1 of subsection A of section 103 of chapter 93, by inserting after the “reasonable” the following:- or without reasonable accommodation,

SECTION 8. Section 24E of chapter 111, of the General Laws, as so appearing in the Official Edition of 2008, is hereby amended in the second paragraph on line 8 by deleting the word “handicap” and inserting in place thereof the following:- disability

SECTION 9. Subsection(a) of section 5 of chapter 161A of the General Laws, as so appearing in the Official Edition of 2008, is hereby amended on line 11 by deleting the word “handicap” and inserting on place thereof the following:- disability

And, by deleting in section 25 of chapter 161A on line 21 the words “handicapping condition” and inserting in place thereof the following:- disability

SECTION 10. Section 5B of chapter 260 of the General Laws, as so appearing in the Official Edition of 2008, is hereby amended on line 4 by deleting the word “handicap” and insert in place thereof the following:- disability