FILED ON: 3/7/2016

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2167

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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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. This act may be referred to as Katie’s Law.

SECTION 2.  Section 172C of chapter 6 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 5, the words “who is mentally retarded” and inserting in place thereof the following words:- with an intellectual disability.

SECTION 3. Section 178C of said chapter 6, as so appearing, is hereby amended by striking out, in line 60 and lines 137 to 138, the words “mentally retarded person” and inserting in place thereof, in each instance, the following words:- person with an intellectual disability.

SECTION 4.  Section 178K of said chapter 6, as so appearing, is hereby amended by striking out, in line 235, the words “the mentally retarded” and inserting in place thereof the following words:- persons with an intellectual disability.

SECTION 5. Said section 178K of said chapter 6 is hereby further amended by striking out, in line 258, as so appearing, the words “mentally retarded person” and inserting in place the following words:- person with an intellectual disability.

SECTION 6. Section 22N of chapter 7 of the General Laws, as so appearing, is hereby amended by striking out, in lines 13 to 14, the words “mental retardation” and inserting in place thereof the following words:- intellectual disability.

SECTION 7. Section 38 of chapter 10 of the General Laws, as so appearing, is hereby  amended by striking out, in line 9, the words “retarded children” and inserting in place thereof the following words:- children with an intellectual disability.

SECTION 8.  Section 21 of chapter 19 of the General Laws, as so appearing, is hereby amended by striking out, in line 16, the words ‘and mentally retarded individuals’ and inserting in place thereof the following words:-  individuals and individuals with intellectual disabilities.

SECTION 9.  Section 7 of chapter 19B of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words “mental retardation facilities” and inserting in place thereof the  words:- facilities for persons with an intellectual disability.

SECTION 10.  Section 8 of said chapter 19B, as so appearing, is hereby amended by striking out, in line 3, the words “mental retardation facility of the department” and inserting in place thereof the following words:- facility of the department for persons with intellectual disabilities.

SECTION 11.  Said section 8 of said chapter 19B, as so appearing, is hereby further  amended by striking out, in lines 6 to 7, the words “the mentally retarded” and inserting in place thereof the following words:- persons with an intellectual disability.

SECTION 12. Section 2 of chapter 21H of the General Laws, as so appearing, is hereby amended by striking out, in lines 73 to 74, the word “retarded” and inserting in place thereof the following words:- persons with intellectual disabilities .

SECTION 13. Section 32 of chapter 22C of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the word “handicap” and inserting in place thereof the following words:- disability, age.

SECTION 14. Section 1 of chapter 31 of the General Laws, as so appearing, is hereby amended by inserting after the word “impairment,” in line 85, the following sentence:- “Handicap” shall have the same meaning as the term "disability".

SECTION 15.  Section 47 of said chapter 31, as so appearing, is hereby amended by striking out, in line 33, the words “mentally retarded person” and inserting in place thereof  the following words:- a person with intellectual disabilities.

SECTION 16.  Clause (e) of subsection 1 of Section 1 of chapter 31A of the General Laws, as so appearing, is hereby amended by striking out, in line 24, the word “handicap” and inserting in place thereof the following:- disability.

SECTION 17.  Section 2 of said chapter 31A, as so appearing, is hereby amended by inserting after the definition for “Department” the following definition:-

"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.

SECTION 18.  Said section 2 of said chapter 31A, as so appearing, is hereby further amended by inserting after the definition for “Local merit appeals board” the following definition:-

“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 19. Section 23 of chapter 32 of the General Laws, as amended by section 8 of chapter 86 of the acts of 2015, is hereby amended by striking out, in subsection (b) of paragraph (5), the words “physical handicap” and inserting the following word:- disability.

SECTION 20. Section 3 of chapter 38 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 21, the words “or mental retardation institution” and inserting in place thereof the following words:- institution or any other institution for a person with an intellectual disability.

SECTION 21. Section 3 of chapter 71B of the General Laws, as so appearing, is hereby amended by striking out, in lines 175 and 217, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- developmental services.

SECTION 22. Section 4 of chapter 92B of the General Laws, as so appearing, is hereby amended by striking out, in line of 28, the words “physical handicap” and inserting in place thereof the following word:- disability.

SECTION 23. Subsection (a) of section 103 of chapter 93 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the word “handicap” and inserting in place thereof the following word:- disability.

SECTION 23A. Said section 103 of said chapter 93, as so appearing, is hereby amended by striking out, in line 3,  the words "with reasonable accommodation" and inserting in place thereof the following words:- with or without reasonable accommodation.

SECTION 24. Section 4O of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out, in line 24, the words “mental retardation” and inserting in place thereof the following words:- developmental services.

SECTION 25. Section 24E of said chapter 111 of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the word “handicap” and inserting in place thereof the following word:- disability.

SECTION 26. Section 62J of said chapter 111, as so appearing, is hereby amended by striking out, in line 14, the words “ mental retardation services” and inserting in place thereof the following words:-  services for persons with intellectual disabilities.

SECTION 27. Section 67E of said chapter 111, as so appearing, is hereby amended by striking out, in lines 40 to 41, the words “mental retardation” and inserting in place thereof the following words:- intellectual disability.

SECTION 28. Section 69E of said chapter 111, as so appearing, is hereby amended by striking out, in line 9, the words “mental retardation services” and inserting in place thereof the following words:- services for people with intellectual disabilities.

SECTION 29. Section 71 of said chapter 111, as so appearing, is hereby amended by striking out, in lines 10, 24 to 25, 80, 92, 137, 183, 186 and 226, the words “the mentally retarded” and inserting in place thereof, in each instance, the following words:- persons with intellectual disabilities.

SECTION 30. Said section 71 of said chapter 111, as so appearing, is hereby further amended by inserting after the word “mental”, in line 192, the word:- health.

SECTION 31. Section 72 of said chapter 111, as so appearing, is hereby amended by striking out, in lines 3 to 4, the words “the mentally retarded” and inserting in place thereof the following words:- persons with intellectual disabilities.

SECTION 32. Said section 72 of said chapter 111, as so appearing, is hereby amended by striking out, in line 17, the words “mentally retarded and” and inserting in place thereof the following words:- persons with intellectual disabilities.

SECTION 33. Section 72Y of said chapter 111, as so appearing, is hereby amended by striking out, in lines 11 to 12, the word “retarded” and inserting in place thereof the following words:- persons with intellectual disabilities.

SECTION 34. Section 193 of said chapter 111, as so appearing, is hereby amended by striking out, in lines 12 to 13, the word “retarded” and inserting in place thereof the following words:- who have an intellectual disability.

SECTION 35. Section 23 of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in lines 49 to 50, the words “mental retardation” and inserting in place thereof the following words:-  intellectual disabilities.

SECTION 36. Section 38A of chapter 121B of the General Laws, as so appearing, is hereby amended by striking out, in line 31, the words “mental retardation” and inserting in place thereof the following words:- intellectual disabilities.

SECTION 37. Section 1 of chapter 122 of the General Laws, as so appearing, is hereby amended by striking out, in line 11, the words “mental retardation” and inserting in place thereof the following words:- intellectual disabilities.

SECTION 38. Section 14 of said chapter 122, as so appearing, is hereby amended by striking out, in lines 3 to 4, the words “mental retardation” and inserting in place thereof the following words:- or intellectual disability.

SECTION 39. Section 1 of chapter 123A of the General Laws, as so appearing, is hereby amended by striking out, in line 45, the words “a mentally retarded person” and inserting in place thereof the following words:- a person with intellectual disabilities.

SECTION 40. Section 3 of chapter 123B of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the words “the mentally retarded” and inserting in place thereof the following words:- persons with intellectual disabilities.

SECTION 40A. Said section 1 of said chapter 123B, as so appearing, is hereby further amended by inserting after the word "disability", in line 57, the following words:- ; provided, however, that no person shall be evaluated or denied services for an intellectual disability based solely on the use of intelligence quotient testing or educational testing.

SECTION 40B. Said chapter 123B is hereby further amended by inserting after section 2 the following section:-

Section 2A. If the department intends to deny a person applying for services, the department shall notify that applicant not less than 45 days prior to making a final determination. The department shall provide a description of the reasons the department intends to deny the services and shall advise the applicant of the opportunity to request that the department conduct further evaluations. Further evaluations shall include, but not be limited to: (i) an additional in-person interview; (ii) school or work observation conducted by the department; and (iii) testimony from non-guardianship teachers or supervisors. The further evaluation shall be considered before a denial of disability services is finalized.  A final determination to deny services shall not be based solely on intelligence quotient testing or educational testing.

SECTION 41.  Section 133E of chapter 127 of the General Laws, as so appearing, is hereby amended by striking out, in line 14, the words “a mentally retarded person” and inserting in place thereof the following words:-  a person with intellectual disabilities.

SECTION 42.  Section 13 of chapter 131 of the General Laws, as so appearing, is hereby amended by striking out, in lines 48 and 49, the words “the mentally retarded” and inserting in place thereof the following words:-students with intellectual disabilities.”; and

SECTION 42A.  Said section 13 of said chapter 131, as so appearing, is hereby further amended by striking out, in line 50, the words “mentally retarded students” and inserting in place thereof the following words:- students with intellectual disabilities.

SECTION 43. Section 30A of chapter 149 of the General Laws, as so appearing, is hereby amended by striking out, in line 22, the words “mental retardation” and inserting in place thereof the following words:- intellectual  services.

SECTION 44. Section 28 of chapter 152 of the General Laws, as so appearing, is hereby amended by striking out, in lines 13 to 14, the words “mentally retarded persons” and inserting in place thereof the following words:- persons with intellectual disabilities.

SECTION 45. Subsection(a) of section 5 of chapter 161A of the General Laws, as so appearing, is hereby amended by striking out, in line 11, the word “handicap” and inserting in place thereof the following word:- disability.

SECTION 46. Section 25 of said chapter 161A, as so appearing, is hereby amended by striking out, in lines 22 to 23, the words “handicapping condition” and inserting in place thereof the following words:- disability.

SECTION 47. Section 120A of chapter 175 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words “mental retardation” and inserting in place thereof the following words:- intellectual disability.

SECTION 48. Section 17A of chapter 186 of the General Laws, as so appearing, is hereby amended by striking out, in line 72, the words “mentally retarded persons” and inserting in place thereof the following words:- persons with intellectual disabilities.

SECTION 49. Section 5-101 of chapter 190B of the General Laws, as so appearing, is hereby amended by striking out paragraph (12), the words “Mentally retarded person” and inserting in place thereof the following words:- Person with an intellectual disability.

SECTION  50. Section 5-304 of chapter 190B, as so appearing, is hereby amended by striking out, in line 16, the words “be mentally retarded” and inserting in place thereof the following words:- have an intellectual disability.

SECTION 51. Section 5-309 of said chapter 190B, as so appearing, is hereby amended by striking out, in line 57, the words “mental retardation facility” and inserting in place thereof the following words:- facility for  persons with intellectual disabilities.

SECTION 52. Section 32 of chapter 209 of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the words “mental retardation” and inserting in place thereof the following words:- intellectual disability.

SECTION 53. Section 85V of chapter 231 of the General Laws, as so appearing, is hereby amended by striking out, in line 24, the words “mentally retarded” and inserting in place thereof the following words:- persons with intellectual disabilities.

SECTION 54. Section 23E of chapter 233 of the General Laws, as so appearing, is hereby amended by striking out, in lines 36 and 50, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- an intellectual disability.

SECTION 55. Section 5B of chapter 260 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the word “handicap” and inserting in place thereof the following word:- disability.

SECTION 56. Section 13F of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out, in lines 21 to 22, the words “mentally retarded person upon another mentally retarded person” and inserting in place thereof the following words:- person with a developmental disability upon another person with an intellectual disability.

SECTION 57. Section 45 of said chapter 265, as so appearing, is hereby amended by striking out, in line 3, the phrase “mentally retarded person” and inserting in place thereof the following:- person with an intellectual disability.

SECTION 58. Section 7 of chapter 268A of the General Laws, as so appearing, is hereby amended by striking out, in line 66, the words “mentally retarded persons” and inserting in place thereof the following words:- persons with intellectual disabilities.