House Bill No. 53

Introduced By bohlinger



A Bill for an Act entitled: An Act generally revising laws governing disabilities; substituting references to a person with a disability for references to a handicapped person; and amending sections 2-15-2205, 2-15-2212, 7-14-111, 7-15-4207, 7-15-4431, 13-3-201, 13-3-202, 13-3-203, 13-3-205, 13-3-207, 13-3-213, 13-13-211, 15-6-201, 15-30-114, 15-30-115, 18-5-101, 18-5-102, 18-5-103, 20-7-401, 20-25-707, 22-1-103, 33-22-304, 33-22-506, 33-30-1003, 33-30-1004, 37-15-101, 37-30-307, 37-31-301, 37-31-308, 39-2-912, 39-3-406, 39-30-101, 39-30-102, 39-30-103, 39-30-106, 39-30-107, 39-30-201, 39-30-202, 39-30-203, 39-71-901, 39-71-903, 39-71-904, 39-71-905, 39-71-906, 39-71-907, 50-1-202, 50-5-105, 50-60-201, 52-1-103, 52-2-113, 53-2-201, 53-4-607, 53-7-101, 53-7-102, 53-7-105, 53-7-301, 53-7-306, 53-18-101, 53-18-103, 53-18-105, 53-19-102, 53-19-301, 53-19-302, 53-19-306, 53-19-307, 53-19-310, 53-20-102, 53-20-142, 53-20-148, 53-20-202, 53-20-203, 61-3-332, 61-3-454, 61-12-504, 69-3-307, 77-2-318, 87-2-706, 87-2-803, 90-6-103, and 90-7-104, MCA.



Be it enacted by the Legislature of the State of Montana:



Section 1.  Section 2-15-2205, MCA, is amended to read:

"2-15-2205.   Division of visual services. There is a division of visual services within the department of public health and human services. The division head is an administrator appointed by the director of the department of public health and human services in accordance with classification requirements. The division is responsible for administration of rehabilitative and other services for blind and visually handicapped persons and persons with low vision."



Section 2.  Section 2-15-2212, MCA, is amended to read:

"2-15-2212.   Committee on telecommunications services for the handicapped persons with disabilities -- composition -- allocation. (1) There is a committee on telecommunications services for the handicapped persons with disabilities.

(2)  The committee consists of 11 members appointed by the governor as follows:

(a)  four members who are handicapped persons with disabilities, two of whom must be deaf or hard-of-hearing;

(b)  two members who are not handicapped persons with disabilities, one of whom must be engaged in a business other than a business in the telecommunications industry and one of whom must be a senior citizen;

(c)  one member from the department of public health and human services;

(d)  one member from the largest local exchange company in Montana;

(e)  one member from an independent local exchange company;

(f)  one member from an interLATA interexchange carrier; and

(g)  one member from the public service commission.

(3)  The committee is allocated to the department of public health and human services for administrative purposes only as provided in 2-15-121."



Section 3.  Section 7-14-111, MCA, is amended to read:

"7-14-111.   Transportation for senior citizens and handicapped persons with disabilities. (1) A county, urban transportation district, or municipality may, in addition to all other property tax levies authorized by law, levy up to 1 mill of property taxes to fund special transportation services for senior citizens and handicapped persons with disabilities.

(2)  The proceeds of the levy may be used to:

(a)  contract with public or private transportation providers for services to senior citizens and handicapped individuals with disabilities; or

(b)  augment or subsidize provisions for the transportation of senior citizens and handicapped individuals with disabilities provided by public transportation providers.

(3)  If the taxing jurisdiction determines that it is not in the best interest of senior citizens and handicapped individuals with disabilities to use the tax levy as provided for in subsection (2), the taxing jurisdiction may use the proceeds of the levy to establish and operate an independent transportation system for senior citizens and handicapped individuals with disabilities.

(4)  Counties, urban transportation districts, and municipalities are encouraged to enter into interlocal agreements to provide regional transportation services to senior citizens and handicapped persons with disabilities and may create regional advisory committees to coordinate regional transportation services."



Section 4.  Section 7-15-4207, MCA, is amended to read:

"7-15-4207.   Prohibition against discrimination. For all of the purposes of this part and part 43, no a person may not be subjected to discrimination because of sex, race, creed, religion, age, physical or mental handicap disability, color, or national origin."



Section 5.  Section 7-15-4431, MCA, is amended to read:

"7-15-4431.   Appointment of commissioners. (1) An authority consists of seven commissioners appointed by the mayor, and he. The mayor shall designate the first chairman presiding officer. A commissioner may not be a city official.

(2)  Two of the commissioners must be tenants of the housing authority. One tenant commissioner shall represent family tenants, and one tenant commissioner shall represent elderly tenants and handicapped tenants with disabilities. Nominees for tenant commissioner shall submit to the city clerk a petition signed by not less than 25 adult tenants of the authority or 25% of the adult tenants of the authority, whichever is greater. The city clerk shall submit a list of the tenant nominees to the mayor for appointment to the housing authority. The staff of the housing authority may not involve itself in the nomination or appointment of tenant commissioners.

(3)  The mayor shall file with the city clerk a certificate of the appointment or reappointment of any commissioner, and the certificate is conclusive evidence of the due and proper appointment of the commissioner."



Section 6.  Section 13-3-201, MCA, is amended to read:

"13-3-201.   Purpose. The purpose of this part is to promote the fundamental right to vote by improving access for handicapped individuals with disabilities and elderly individuals to polling places. The provisions of this part acknowledge that, in certain cases, it may not be possible to locate a polling place that meets the standards for accessibility, either because no an accessible polling place exists does not exist or, if it does, its location in the precinct would require undue travel for a majority of the electors. In those cases when an accessible polling place is not available, this part provides handicapped voters with disabilities and elderly voters an alternative means for casting a ballot on election day."



Section 7.  Section 13-3-202, MCA, is amended to read:

"13-3-202.   Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:

(1)  "Accessible" means accessible to handicapped individuals with disabilities and elderly individuals for purposes of voting as determined in accordance with standards established by the secretary of state under 13-3-205.

(2) "Disability" means a temporary or permanent physical impairment such as:

(a)  impaired vision;

(b)  impaired hearing; or

(c)  impaired mobility. Individuals having impaired mobility include those who require use of a wheelchair and those who are ambulatory but are physically impaired because of age, disability, or disease.

(2)(3)  "Elderly" means 65 years of age or older.

(3)(4)  "Election" means a general, special, or primary election held in an even-numbered year, as provided for in 13-1-104(1) and 13-1-107(1).

(4)  "Handicapped" means having a temporary or permanent physical impairment such as:

(a)  impaired vision;

(b)  impaired hearing; or

(c)  impaired mobility. Individuals having impaired mobility include those who require use of a wheelchair and those who are ambulatory but are physically impaired due to age, disability, or disease."



Section 8.  Section 13-3-203, MCA, is amended to read:

"13-3-203.   Duty of secretary of state -- rulemaking. (1) Except as provided in 13-3-204, the secretary of state shall assure ensure that all polling places are accessible to handicapped electors with disabilities and elderly electors on election day.

(2)  The secretary of state shall adopt rules to establish standards that a polling place must meet in order to be designated accessible under this part.

(3)  The secretary of state may adopt any other rules necessary for implementation of this part."



Section 9.  Section 13-3-205, MCA, is amended to read:

"13-3-205.   Adoption of standards for polling place accessibility -- rulemaking authority. The secretary of state, with advice from election administrators and handicapped individuals with disabilities and elderly individuals, shall establish standards for accessibility of polling places. The standards, whenever possible, must be consistent with the standards for accessibility established by the American national standards institute and the uniform federal accessibility standards."



Section 10.  Section 13-3-207, MCA, is amended to read:

"13-3-207.   Polling place classifications. (1) As a result of the survey provided in 13-3-206, each polling place must be classified as:

(a)  accessible;

(b)  inaccessible;

(c)  technically inaccessible but usable; or

(d)  rural.

(2)  An accessible polling place is one that meets the standards for accessibility established by the secretary of state under 13-3-205.

(3)  An inaccessible polling place is one that does not meet the standards for accessibility and cannot be made accessible through safe, practical, and cost-effective methods.

(4)  A technically inaccessible but usable polling place is one that does not meet all the standards for accessibility but has been surveyed, evaluated, and certified as being adequate for use as a polling place. Such The certification is cause for the secretary of state to grant the polling place an exemption from the standards for accessibility. However, in a future election, the secretary of state may issue an objection to the criteria used for determining that the facility is usable as a polling place.

(5)  A rural polling place is one that serves less than 200 registered electors and is:

(a)  granted an exemption from the standards for accessibility established under 13-3-205; and

(b)  subject to review and redesignation 45 days prior to an election.

(6)  A rural designation may not be construed as cause for denying handicapped electors with disabilities or elderly electors at a polling place the right to choose an alternative means for casting a ballot on election day as provided in 13-3-213."



Section 11.  Section 13-3-213, MCA, is amended to read:

"13-3-213.   Alternative means for casting ballot. (1) The election administrator shall provide handicapped individuals with disabilities and elderly individuals an alternative means for casting a ballot on election day if they are assigned to an inaccessible polling place. These alternative means for casting a ballot include:

(a)  delivery of a ballot to the elector as provided in 13-13-118;

(b)  voting by absentee ballot as provided in 13-13-222; and

(c)  prearranged assignment to an accessible polling place within the county.

(2)  Any handicapped An elector with a disability or an elderly elector assigned to an inaccessible polling place who desires to vote at an accessible polling place:

(a)  shall request assignment to an accessible polling place by notifying the election administrator in writing at least 7 days preceding the election;

(b)  must be assigned to the nearest accessible polling place or technically inaccessible polling place for the purpose of voting in the election;

(c)  shall sign his the elector's name on a special addendum to the official precinct register as required in 13-2-601; and

(d)  shall must receive the same ballot to which he the elector is otherwise entitled.

(3)  For the purpose of subsection (2), the ballot cast at an alternative polling place must be processed and counted in the same manner as an absentee ballot."



Section 12.  Section 13-13-211, MCA, is amended to read:

"13-13-211.   Application of absentee, chronically ill, handicapped, elderly, or physically incapacitated elector or elector with a disability for ballot -- special absentee ballot application. (1) Except as provided in 13-2-214, during a period beginning 75 days before the day of election and ending at noon on the day before the election, an individual may apply to the election administrator for an absentee ballot if he the individual is:

(a)  an elector expecting to be absent from the county in which his the elector's voting precinct is situated;

(b)  an elector who is chronically ill or in general ill health;

(c)  a handicapped an elector with a disability or an elderly elector who has been assigned to an inaccessible polling place; or

(d)  an elector who will be unable to go to the polls because of physical incapacity.

(2)  A qualified elector who is prevented from voting at the polls as a result of an illness or health emergency occurring between 5 p.m. on the Friday preceding the election and noon on election day may request to vote by absentee ballot. The election administrator shall honor any such a request received up to and including noon on election day. The election administrator is not required to comply with a request by an elector who is absent from the county."



Section 13.  Section 15-6-201, MCA, is amended to read:

"15-6-201.   Exempt categories. (1) The following categories of property are exempt from taxation:

(a)  except as provided in 15-24-1203, the property of:

(i)  the United States, except:

(A)  if congress passes legislation that allows the state to tax property owned by the federal government or an agency created by congress; or

(B)  as provided in 15-24-1103;

(ii) the state, counties, cities, towns, and school districts;

(iii) irrigation districts organized under the laws of Montana and not operating for profit;

(iv) municipal corporations;

(v)  public libraries; and

(vi) rural fire districts and other entities providing fire protection under Title 7, chapter 33;

(b)  buildings, with land that they occupy and furnishings in the buildings, owned by a church and used for actual religious worship or for residences of the clergy, together with adjacent land reasonably necessary for convenient use of the buildings;

(c)  property used exclusively for agricultural and horticultural societies, for educational purposes, and for nonprofit health care facilities, as defined in 50-5-101, licensed by the department of public health and human services and organized under Title 35, chapter 2 or 3. A health care facility that is not licensed by the department of public health and human services and organized under Title 35, chapter 2 or 3, is not exempt.

(d)  property that is:

(i)  owned and held by an association or corporation organized under Title 35, chapter 2, 3, 20, or 21;

(ii) devoted exclusively to use in connection with a cemetery or cemeteries for which a permanent care and improvement fund has been established as provided for in Title 35, chapter 20, part 3; and

(iii) not maintained and operated for private or corporate profit;

(e)  property owned or property that is leased from a federal, state, or local governmental entity by institutions of purely public charity if the property is directly used for purely public charitable purposes;

(f)  evidence of debt secured by mortgages of record upon real or personal property in the state of Montana;

(g)  public museums, art galleries, zoos, and observatories not used or held for private or corporate profit;

(h)  all household goods and furniture, including but not limited to clocks, musical instruments, sewing machines, and wearing apparel of members of the family, used by the owner for personal and domestic purposes or for furnishing or equipping the family residence;

(i)  a truck canopy cover or topper weighing less than 300 pounds and having no accommodations attached. This property is also exempt from taxation under 61-3-504(2) and 61-3-537.

(j)  a bicycle, as defined in 61-1-123, used by the owner for personal transportation purposes;

(k)  motor homes, travel trailers, and campers;

(l)  all watercraft;

(m)  motor vehicles, land, fixtures, buildings, and improvements owned by a cooperative association or nonprofit corporation organized to furnish potable water to its members or customers for uses other than the irrigation of agricultural land;

(n)  the right of entry that is a property right reserved in land or received by mesne conveyance (exclusive of leasehold interests), devise, or succession to enter land with a surface title that is held by another to explore, prospect, or dig for oil, gas, coal, or minerals;

(o)  property that is owned and used by a corporation or association organized and operated exclusively for the care of persons with developmental disabilities, the mentally ill persons with mental illness, or the vocationally handicapped persons with physical or mental impairments that constitute or result in substantial impediments to employment as defined in 18-5-101 and that is not operated for gain or profit and property that is owned and used by an organization owning and operating facilities that are for the care of the retired, aged, or chronically ill and that are not operated for gain or profit;

(p)  all farm buildings with a market value of less than $500 and all agricultural implements and machinery with a market value of less than $100;

(q)  property owned by a nonprofit corporation that is organized to provide facilities primarily for training and practice for or competition in international sports and athletic events and not held or used for private or corporate gain or profit. For purposes of this subsection (1) (q), "nonprofit corporation" means an organization exempt from taxation under section 501(c) of the Internal Revenue Code and incorporated and admitted under the Montana Nonprofit Corporation Act.

(r)  the first $15,000 or less of market value of tools owned by the taxpayer that are customarily hand-held and that are used to:

(i)  construct, repair, and maintain improvements to real property; or

(ii) repair and maintain machinery, equipment, appliances, or other personal property;

(s)  harness, saddlery, and other tack equipment;

(t)  a title plant owned by a title insurer or a title insurance producer, as those terms are defined in 33-25-105;

(u)  timber as defined in 15-44-102;

(v)  all trailers and semitrailers that have a licensed gross weight of 26,000 pounds or more or that are registered through a proportional registration agreement under 61-3-721. For purposes of this subsection (1) (v), the terms "trailer" and "semitrailer" mean a vehicle with or without motive power that is:

(i)  designed and used only for carrying property;

(ii) designed and used to be drawn by a motor vehicle; and

(iii) either constructed so that no part of its weight rests upon the towing vehicle or constructed so that some part of its weight and the weight of its load rests upon or is carried by another vehicle.

(w)  all vehicles registered under 61-3-456.

(2)  (a) For the purposes of subsection (1)(e), the term "institutions of purely public charity" includes any organization that meets the following requirements:

(i)  The organization qualifies as a tax-exempt organization under the provisions of section 501(c)(3), Internal Revenue Code, as amended.

(ii) The organization accomplishes its activities through absolute gratuity or grants. However, the organization may solicit or raise funds by the sale of merchandise, memberships, or tickets to public performances or entertainment or by other similar types of fundraising activities.

(b)  For the purposes of subsection (1)(g), the term "public museums, art galleries, zoos, and observatories" means governmental entities or nonprofit organizations whose principal purpose is to hold property for public display or for use as a museum, art gallery, zoo, or observatory. The exempt property includes all real and personal property reasonably necessary for use in connection with the public display or observatory use. Unless the property is leased for a profit to a governmental entity or nonprofit organization by an individual or for-profit organization, real and personal property owned by other persons is exempt if it is:

(i)  actually used by the governmental entity or nonprofit organization as a part of its public display;

(ii) held for future display; or

(iii) used to house or store a public display.

(3)  The following portions of the appraised value of a capital investment in a recognized nonfossil form of energy generation or low emission wood or biomass combustion devices, as defined in 15-32-102, are exempt from taxation for a period of 10 years following installation of the property:

(a)  $20,000 in the case of a single-family residential dwelling;

(b)  $100,000 in the case of a multifamily residential dwelling or a nonresidential structure."



Section 14.  Section 15-30-114, MCA, is amended to read:

"15-30-114.   Additional exemption for dependent child with handicap a disability. (1) In lieu of the exemption in 15-30-112(5), an exemption for twice the amount allowed for dependents shall be is allowed for taxable years beginning after December 31, 1976, for each dependent child with a handicap disability.

(2)  In order to be eligible for the exemption, a dependent child with a handicap disability must, for the taxable year of the taxpayer, have as his the child's principal place of abode the home of the taxpayer and have a permanent handicap disability of great enough severity that it constitutes not less than 50% disability to the body as a whole. An exemption may be allowed for a dependent with a permanent handicap disability after he the individual reaches the age of majority if he the individual continues to be a dependent."



Section 15.  Section 15-30-115, MCA, is amended to read:

"15-30-115.   Physician's verification of handicap disability required. A taxpayer claiming the exemption provided for in 15-30-114 must shall provide with his the taxpayer's income tax statement written documentation by a licensed physician that the handicap disability qualifies under that section 15-30-114."



Section 16.  Section 18-5-101, MCA, is amended to read:

"18-5-101.   Definitions. As used in 18-5-101 through 18-5-103 this part, the following definitions apply:

(1)  "Certified sheltered workshop" or "work activity center" means a nonprofit corporation incorporated under the laws of the state for the purpose of providing vocational services to disabled vocationally handicapped individuals persons with disabilities, in whole or in part, which that:

(a)  holds a current certificate issued by the United States department of labor for either one or all of the following:

(i)  evaluation or training;

(ii) a regular work program; or

(iii) a work activity center;

(b)  complies with other applicable occupational, health, and safety standards of local, state, and federal governments governing the operation of such the facility not otherwise included in 18-5-101 through 18-5-103 this part;

(c)  in the manufacture of products and in the provision of service, whether or not the product or service is procured under 18-5-101 through 18-5-103 this part, employs and trains vocationally handicapped individuals persons with disabilities for not less than 75% of the man-hours hours of direct labor required for the manufacture of products or the provision of service; and

(d)  is hereinafter referred to as a "facility".

(2)  "Department" means the department of administration.

(3)  "Vocationally handicapped" "Person with a disability" means an individual under with a physical, mental, or emotional disability which that constitutes a substantial handicap impediment to employment and that prevents the individual under with the disability from engaging in normal competitive employment."



Section 17.  Section 18-5-102, MCA, is amended to read:

"18-5-102.   Duties and powers of department of administration. (1) The department shall maintain a current list of facilities located in this state, including a list of products and services provided by each facility, based on information provided by the facilities. A facility requesting to be included on the list shall indicate the products and services available from it and shall provide the department with updated information, as necessary.

(2)  The department may contract with a nonprofit organization to:

(a)  certify facilities;

(b)  provide technical assistance to facilities on matters of product or service capabilities;

(c)  facilitate distribution of orders among facilities and to insure ensure equal opportunity in obtaining orders.

(3)  The department shall adopt, revise, and amend rules to implement 18-5-101 through 18-5-103 this part in accordance with the procedures of the Montana Administrative Procedure Act."



Section 18.  Section 18-5-103, MCA, is amended to read:

"18-5-103.   Procurement requirements. State departments, institutions, and agencies may procure listed products and services from a facility. The provisions of this title relating to competitive bidding do not apply to purchases made in accordance with 18-5-101 through 18-5-103 this part."



Section 19.  Section 20-7-401, MCA, is amended to read:

"20-7-401.   Definitions. In this title, unless the context clearly indicates otherwise, the following definitions apply:

(1)  "Assistive technology device" means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of children with disabilities.

(2)  "Assistive technology service" means any service that directly assists a child with disabilities in the selection, acquisition, or use of an assistive technology device. The term includes:

(a)  the evaluation of the needs of a child with disabilities, including a functional evaluation of the child in the child's customary environment;

(b)  purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by a child with disabilities;

(c)  selecting, designing, fitting, customizing, adapting, applying, retaining, repairing, or replacing an assistive technology device;

(d)  coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

(e)  training or technical assistance for a child with disabilities or, if appropriate, training or technical assistance for that child's family; and

(f)  training or technical assistance for professionals, including individuals providing education or rehabilitation services, for employers, or for other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of children with disabilities.

(3)  "Autism" means a developmental disability that significantly affects verbal and nonverbal communication and social interaction, that is generally evident before 3 years of age, and that adversely affects a child's educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environment change or to change in daily routines, and unusual responses to sensory experiences. The term does not apply if a child's educational performance is adversely affected primarily because the child has a serious emotional disturbance.

(4)  "Child with disabilities a disability" means a child evaluated in accordance with the regulations of the Individuals With Disabilities Education Act as having cognitive delay; hearing impairment, including deafness; speech or language impairment; visual impairment, including blindness; emotional disturbance; orthopedic impairment; autism; traumatic brain injury; other health impairments; deaf-blindness; multiple disabilities; or specific learning disabilities and who because of those impairments needs special education and related services. A child who is 5 years of age or younger may be identified as a child with disabilities without the specific disabilities being specified.

(5)  "Cognitive delay" means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period that adversely affects a child's educational performance.

(6)  "Deaf-blindness" means concomitant hearing and visual impairments, the combination of which causes such severe communication problems and other developmental and educational problems that the problems cannot be accommodated in special education programs solely for children with deafness or for children with blindness.

(7)  "Deafness" means a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, in a manner that adversely affects the child's educational performance.

(8)  "Emotional disturbance" means a condition exhibiting one or more of the following characteristics to a marked degree and over a long period of time that adversely affects educational performance: an inability to learn that cannot be explained by intellectual, sensory, or health factors; an inability to build or maintain satisfactory interpersonal relationships with peers and teachers; inappropriate types of behavior or feelings under normal circumstances; a general pervasive mood of unhappiness or depression; or a tendency to develop physical symptoms or fears associated with personal or school problems. The term includes schizophrenia. The term does not include social maladjustment, unless it is determined that the child is emotionally disturbed.

(9)  "Free appropriate public education" means special education and related services that:

(a)  are provided at public expense under public supervision and direction and without charge;

(b)  meet the accreditation standards of the board of public education, the special education requirements of the superintendent of public instruction, and the requirements of the Individuals With Disabilities Education Act;

(c)  include preschool, elementary school, and high school education in Montana; and

(d)  are provided in conformity with an individualized education program that meets the requirements of the Individuals With Disabilities Education Act.

(10) "Hearing impairment" means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child's educational performance but that is not included within the definition of deafness.

(11) "Orthopedic impairment" means a severe orthopedic disability that adversely affects a child's educational performance. The term includes but is not limited to impairment caused by congenital anomaly (e.g., clubfoot or absence of some member), impairments caused by disease (e.g., poliomyelitis or bone tuberculosis), and impairments from other causes (e.g., fractures or burns that cause contractures, amputation, or cerebral palsy).

(12) "Other health impairment" means limited strength, vitality, or alertness due to because of chronic or acute health problems, such as a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle-cell sickle cell anemia, hemophilia, epilepsy, lead poisoning, leukemia, or diabetes, that adversely affects a child's educational performance.

(13) "Related services" means transportation and any developmental, corrective, and other supportive services that are required to assist a child with disabilities to benefit from special education and includes speech-language pathology, audiology, occupational therapy, physical therapy, recreation, including therapeutic recreation, early identification and assessment of disabilities in children, counseling services, including rehabilitation counseling, and medical services for diagnostic or evaluation purposes. The term also includes school health services, social work services in schools, and parental counseling and training.

(14) "Special education" means specially designed instruction, given at no cost to the parents or guardians, to meet the unique needs of a child with disabilities, including but not limited to instruction conducted in a classroom, home, hospital, institution, or other setting and instruction in physical education.

(15) "Specific learning disability" means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. The term includes but is not limited to such conditions as perceptual handicaps disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. The term does not include children who have learning problems that are primarily the result of visual, hearing, or motor handicaps disabilities; cognitive delay; or environmental, cultural, or economic disadvantages.

(16) "Speech-language impairment" means a communication disorder, such as stuttering, impaired articulation, or a language or voice impairment, that adversely affects a child's interpersonal relationships or educational performance.

(17) "Surrogate parent" means an individual appointed to safeguard a child's rights and protect the child's interests in educational evaluation, placement, and hearing or appeal procedures concerning the child.

(18) "Traumatic brain injury" means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. The term does not apply to brain injuries that are congenital or degenerative or to brain injuries that are induced by birth trauma.

(19) "Visual impairment" means an impairment that, after correction, adversely affects a child's educational performance. The term includes both partial blindness and blindness."



Section 20.  Section 20-25-707, MCA, is amended to read:

"20-25-707.   Antidiscrimination. No An employer is not eligible to employ any person under this program if the employer practices discrimination in employment against any individual because of race, creed, religion, color, political ideas, sex, age, marital status, physical or mental handicap disability, ancestry, or national origin."



Section 21.  Section 22-1-103, MCA, is amended to read:

"22-1-103.   State library commission -- authority. The state library commission has the power to may:

(1)  give assistance and advice to all tax-supported or public libraries in the state and to all counties, cities, towns, or regions in the state that may propose to establish libraries, as to the best means of establishing and improving those libraries;

(2)  maintain and operate the state library and make provision for its housing;

(3)  (a) accept and expend in accordance with the terms of a grant any grant of federal funds that may become is available to the state for library purposes;

(b)  accept, receive, and administer any gifts, donations, bequests, and legacies made to the Montana state library. Unless otherwise provided by the donor, gifts, donations, bequests, and legacies must be deposited in the Montana state library trust established in 22-1-225.

(4)  make rules and establish standards for the administration of the state library and for the control, distribution, and lending of books and materials;

(5)  serve as the agency of the state to accept and administer any state, federal, or private funds or property appropriated for or granted to it for library service or foster libraries in the state and establish regulations under which funds must be disbursed;

(6)  provide library services for the blind and physically handicapped for the blind and for individuals with physical disabilities;

(7)  furnish, by contract or otherwise, library assistance and information services to state officials, state departments, and residents of those parts of the state inadequately serviced by libraries;

(8)  act as a state board of professional standards and library examiners, develop standards for public libraries, and adopt rules for the certification of librarians;

(9)  designate areas for the establishment of federations of libraries and designate the headquarters library for the federations."



Section 22.  Section 33-22-304, MCA, is amended to read:

"33-22-304.   Continuation of coverage for handicapped individuals with disabilities -- individual contracts. (1) An individual hospital or medical expense insurance policy or hospital or medical service plan contract delivered or issued for delivery in this state after October 28, 1971, which that provides that coverage of a dependent child shall terminate terminates upon attainment of the limiting age for dependent children specified in the policy or contract shall must also provide in substance that attainment of such the limiting age shall may not operate to terminate the coverage of such the child while the child is and continues to be both incapable of self-sustaining employment by reason of mental retardation or physical handicap disability and chiefly dependent upon the policyholder or subscriber for support and maintenance,. provided proof Proof of such incapacity retardation or the disability and dependency is must be furnished to the insurer or hospital or medical service plan corporation by the policyholder or subscriber within 31 days of the child's attainment of the limiting age and subsequently as may be required by the insurer or corporation. but Proof may not be required more frequently than annually after the 2-year period following the child's attainment of the limiting age.

(2)  The Notwithstanding any other exemption or contrary law, the provisions of this section shall have equal application to hospital or medical expense insurance policies and hospital and medical service plan contracts, any other exemption or law to the contrary notwithstanding."



Section 23.  Section 33-22-506, MCA, is amended to read:

"33-22-506.   Continuation of coverage for handicapped persons with disabilities -- group contracts. (1) A group hospital or medical expense insurance policy or hospital or medical service plan contract delivered or issued for delivery in this state after October 28, 1971, which that provides that coverage of a dependent child of an employee or other member of the covered group shall terminate terminates upon attainment of the limiting age for dependent children specified in the policy or contract shall must also provide in substance that attainment of such the limiting age shall may not operate to terminate the coverage of such the child while the child is and continues to be both incapable of self-sustaining employment by reason of mental retardation or physical handicap disability and chiefly dependent upon the employee or member for support and maintenance,. provided proof Proof of such incapacity retardation or the disability and dependency is must be furnished to the insurer or hospital or medical service plan corporation by the employee or member within 31 days of the child's attainment of the limiting age and subsequently as may be required by the insurer or corporation. but Proof may not be required more frequently than annually after the 2-year period following the child's attainment of the limiting age.

(2)  The Notwithstanding any other exemption or contrary law, the provisions of this section shall have equal application to hospital or medical expense insurance policies and hospital and medical service plan contracts, any other exemption or law to the contrary notwithstanding."



Section 24.  Section 33-30-1003, MCA, is amended to read:

"33-30-1003.   Continuation of coverage for handicapped persons with disabilities -- individual contracts. (1) An individual hospital or medical service plan contract, delivered or issued for delivery in this state after October 28, 1971, which that provides that coverage of a dependent child shall terminate terminates upon attainment of the limiting age for dependent children specified in the contract shall must also provide in substance that attainment of such the limiting age shall may not operate to terminate the coverage of such the child while the child is and continues to be both incapable of self-sustaining employment by reason of mental retardation or physical handicap disability and chiefly dependent upon the subscriber for support and maintenance,. provided proof Proof of such incapacity retardation or the disability and dependency is must be furnished to the hospital or medical service plan corporation by the subscriber within 31 days of the child's attainment of the limiting age and subsequently as may be required by the corporation. but Proof may not be required more frequently than annually after the 2-year period following the child's attainment of the limiting age.

(2)  The Notwithstanding any other exemption or contrary law, the provisions of this section shall have equal application to hospital or medical expense insurance policies, and hospital and medical service plan contracts, any other exemption or law to the contrary notwithstanding."



Section 25.  Section 33-30-1004, MCA, is amended to read:

"33-30-1004.   Continuation of coverage for handicapped persons with disabilities -- group contracts. (1) A group hospital or medical service plan contract, delivered or issued for delivery in this state after October 28, 1971, which that provides that coverage of a dependent child of an employee or other member of the covered group shall terminate terminates upon attainment of the limiting age for dependent children specified in the contract shall must also provide in substance that attainment of such the limiting age shall may not operate to terminate the coverage of such the child while the child is and continues to be both incapable of self-sustaining employment by reason of mental retardation or physical handicap disability and chiefly dependent upon the employee or member for support and maintenance,. provided proof Proof of such the incapacity retardation or disability and dependency is must be furnished to the hospital or medical service plan corporation, by the employee or member within 31 days of the child's attainment of the limiting age and subsequently as may be required by the corporation,. but Proof may not be required more frequently than annually after the 2-year period following the child's attainment of the limiting age.

(2)  The Notwithstanding any other exemption or contrary law, the provisions of this section shall have equal application to hospital or medical expense insurance policies, and hospital and medical service plan contracts, any other exemption or law to the contrary notwithstanding."



Section 26.  Section 37-15-101, MCA, is amended to read:

"37-15-101.   Purpose. The legislature of the state of Montana declares it to be a policy of this state that in order to safeguard the public health, safety, and welfare and to protect the public from being misled by incompetent, unscrupulous, and unauthorized persons and to protect the public from unprofessional conduct by qualified speech-language pathologists and audiologists and to help assure ensure the availability of the highest possible quality speech-language pathology and audiology services to the communicatively handicapped people of this state with communicative disabilities, it is necessary to provide regulatory authority over persons offering speech-language pathology or audiology services to the public."



Section 27.  Section 37-30-307, MCA, is amended to read:

"37-30-307.   Fees -- handicapped persons with disabilities exempted -- other fees prohibited. (1) The fee to be paid by an applicant for an examination to determine the applicant's fitness to receive a certificate of registration to practice barbering and for the issuance of the certificate must be prescribed by the board.

(2)  A person registered as a barber shall, before the expiration date established by rule of the department, annually pay a license fee, set by the board based on clerical and administrative costs, for the renewal of the person's certificate of registration. If a barber fails to have the certificate renewed before the expiration date, the barber shall on renewal of the certificate of registration pay a penalty prescribed by the board in addition to the regular renewal fee. If a certificate of registration is not renewed within 1 year after the date of expiration, the barber is not entitled to have the certificate of registration renewed or a new certificate of registration issued without first applying for and taking the examination and paying the fees provided for in this section.

(3)  However, physically handicapped persons with physical disabilities trained for the barber profession by the department of public health and human services and certified by that department as having graduated from a barber college licensed by the board are not required to pay fees and are for a period of 1 year immediately following their training exempt from all except the sanitary provisions of this chapter.

(4)  Another or an additional license or fee may not be imposed on barbers by a municipality or other subdivision of this state."



Section 28.  Section 37-31-301, MCA, is amended to read:

"37-31-301.   Prohibited acts. (1) Without an appropriate license issued under this chapter, it is unlawful to:

(a)  practice cosmetology for compensation;

(b)  own, manage, operate, or conduct a school of cosmetology or school of manicuring;

(c)  manage or operate a cosmetology salon, manicuring salon, or booth;

(d)  teach in a school of cosmetology or school of manicuring;

(e)  practice manicuring for compensation;

(f)  practice as a finger waver.

(2)  It is unlawful:

(a)  for a person who owns, manages, or controls a cosmetology salon to employ or use an unlicensed person as a cosmetologist or manicurist;

(b)  to operate a cosmetology school without complying with all of the regulations of 37-31-311;

(c)  to practice cosmetology in any place other than in a licensed salon as provided in this chapter, except when a licensed operator is requested:

(i)  by a customer to go to a place other than a licensed salon and is sent to the customer from a licensed salon; or

(ii) by a handicapped customer with a disability or homebound customer to go to the customer's place of residence;

(d)  for a person who owns, manages, or controls a manicuring salon to employ or use an unlicensed person as a manicurist;

(e)  to operate a manicuring school without complying with 37-31-311;

(f)  to violate any of the provisions of this chapter."



Section 29.  Section 37-31-308, MCA, is amended to read:

"37-31-308.   Examination -- reexamination -- exemption for handicapped persons with disabilities. (1) Examinations for a license to practice cosmetology or manicuring or to teach cosmetology must be held at places and times specified by the board. The examinations must be supervised by the board. The examinations may not be confined to a specific method or system. The examinations must be conducted by persons who hold current licenses to practice in the profession for which the applicant is being examined.

(2)  Anyone failing twice to pass the examination for a license to practice cosmetology may not apply to retake the examination:

(a)  sooner than 6 months after the date of the second failure; or

(b)  until the applicant has taken 200 hours additional training at a registered school of cosmetology approved by the board.

(3)  Anyone failing twice to pass the examination for a license to practice manicuring shall meet the additional requirements prescribed by the board before applying to retake the examination.

(4)  Anyone failing twice to pass the examination for a license to teach cosmetology shall wait 1 year before reapplying to take the examination. Upon reapplying, the applicant shall provide certification of completion of 500 hours of teacher training during that year in a registered school licensed as a teacher training unit.

(5)  Physically handicapped persons Persons with physical disabilities trained for cosmetology or manicuring by the department of public health and human services are, for a period of 1 year immediately following their graduation, exempt from the examination and the fees described in 37-31-323. On certification from the department of public health and human services that a department of public health and human services beneficiary has successfully completed the required training in a cosmetology school or manicuring school, the department shall issue the person the necessary certificate or license to practice the profession in this state."



Section 30.  Section 39-2-912, MCA, is amended to read:

"39-2-912.   Exemptions. This part does not apply to a discharge:

(1)  that is subject to any other state or federal statute that provides a procedure or remedy for contesting the dispute. Such The statutes include those that prohibit discharge for filing complaints, charges, or claims with administrative bodies or that prohibit unlawful discrimination based on race, national origin, sex, age, handicap disability, creed, religion, political belief, color, marital status, and other similar grounds.

(2)  of an employee covered by a written collective bargaining agreement or a written contract of employment for a specific term."



Section 31.  Section 39-3-406, MCA, is amended to read:

"39-3-406.   Exclusions. (1) The provisions of 39-3-404 and 39-3-405 do not apply with respect to:

(a)  students participating in a distributive education program established under the auspices of an accredited educational agency;

(b)  persons employed in private homes whose duties consist of menial chores, such as babysitting, mowing lawns, and cleaning sidewalks;

(c)  persons employed directly by the head of a household to care for children dependent upon the head of the household;

(d)  immediate members of the family of an employer or persons dependent upon an employer for half or more of their support in the customary sense of being a dependent;

(e)  any persons not regular employees of a nonprofit organization who voluntarily offer their services to a nonprofit organization on a fully or partially reimbursed basis;

(f)  handicapped workers persons with disabilities engaged in work that is incidental to training or evaluation programs or whose earning capacity is so severely impaired that they are unable to engage in competitive employment;

(g)  apprentices or learners, who may be exempted by the commissioner for a period not to exceed 30 days of their employment;

(h)  learners under the age of 18 who are employed as farm workers, provided that the exclusion may not exceed 180 days from their initial date of employment and further provided that during this exclusion period, wages paid the learners may not be less than 50% of the minimum wage rate established in this part;

(i)  retired or semiretired persons performing part-time incidental work as a condition of their residence on a farm or ranch;

(j)  any individual employed in a bona fide executive, administrative, or professional capacity as these terms are defined by regulations of the commissioner;

(k)  any individual employed by the United States of America;

(l)  resident managers employed in lodging establishments or personal care facilities who, under the terms of their employment, live in the establishment or facility;

(m)  an outside salesperson or marketing representative paid on a commission, contract, or salary basis who is primarily employed in selling or marketing products or services in the food distribution industry for a food broker, wholesaler, or association;

(n)  a direct seller as defined in 26 U.S.C. 3508.

(2)  The provisions of 39-3-405 do not apply to:

(a)  an employee with respect to whom the United States secretary of transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of 49 U.S.C. 304;

(b)  an employee of an employer subject to the provisions of part I of the Interstate Commerce Act;

(c)  an individual employed as an outside buyer of poultry, eggs, cream, or milk, in their raw or natural state;

(d)  an outside salesperson paid on a commission or contract basis who is primarily employed in selling advertising for a newspaper;

(e)  a salesperson, parts person, or mechanic paid on a commission or contract basis and primarily engaged in selling or servicing automobiles, trucks, mobile homes, recreational vehicles, or farm implements if the salesperson, parts person, or mechanic is employed by a nonmanufacturing establishment primarily engaged in the business of selling the vehicles or implements to ultimate purchasers;

(f)  a salesperson primarily engaged in selling trailers, boats, or aircraft if the salesperson is employed by a nonmanufacturing establishment primarily engaged in the business of selling trailers, boats, or aircraft to ultimate purchasers;

(g)  an outside salesperson paid on a commission or contract basis who is primarily employed in selling office supplies, computers, or other office equipment for an office equipment dealer;

(h)  a salesperson paid on a commission or contract basis who is primarily engaged in selling advertising for a radio or television station employer;

(i)  an employee employed as a driver or driver's helper making local deliveries who is compensated for the employment on the basis of trip rates or other delivery payment plan if the commissioner finds that the plan has the general purpose and effect of reducing hours worked by the employees to or below the maximum workweek applicable to them under 39-3-405;

(j)  an employee employed in agriculture or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways not owned or operated for profit and not operated on a sharecrop basis and that are used exclusively for supply and storing of water for agricultural purposes;

(k)  an employee employed in agriculture by a farmer, notwithstanding other employment of the employee in connection with livestock auction operations in which the farmer is engaged as an adjunct to the raising of livestock, either alone or in conjunction with other farmers, if the employee is:

(i)  primarily employed during a workweek in agriculture by a farmer; and

(ii) paid for employment in connection with the livestock auction operations at a wage rate not less than that prescribed by 39-3-404;

(l)  an employee of an establishment commonly recognized as a country elevator, including an establishment that sells products and services used in the operation of a farm, if no more than five employees are employed by the establishment;

(m)  a driver employed by an employer engaged in the business of operating taxicabs;

(n)  an employee who is employed with the employee's spouse by a nonprofit educational institution to serve as the parents of children who are orphans or one of whose natural parents is deceased or who are enrolled in the institution and reside in residential facilities of the institution so long as the children are in residence at the institution and so long as the employee and the employee's spouse reside in the facilities and receive, without cost, board and lodging from the institution and are together compensated, on a cash basis, at an annual rate of not less than $10,000;

(o)  an employee employed in planting or tending trees; cruising, surveying, or felling timber; or transporting logs or other forestry products to a mill, processing plant, railroad, or other transportation terminal if the number of employees employed by the employer in the forestry or lumbering operations does not exceed eight;

(p)  an employee of a sheriff's department who is working under an established work period in lieu of a workweek pursuant to 7-4-2509(1);

(q)  an employee of a municipal or county government who is working under a work period not exceeding 40 hours in a 7-day period established through a collective bargaining agreement when a collective bargaining unit represents the employee or by mutual agreement of the employer and employee when a bargaining unit is not recognized. Employment in excess of 40 hours in a 7-day, 40-hour work period must be compensated at a rate of not less than 1 1/2 times the hourly wage rate for the employee.

(r)  an employee of a hospital or other establishment primarily engaged in the care of the sick, disabled, aged, or mentally ill or defective who is working under a work period not exceeding 80 hours in a 14-day period established through either a collective bargaining agreement when a collective bargaining unit represents the employee or by mutual agreement of the employer and employee when a bargaining unit is not recognized. Employment in excess of 8 hours a day or 80 hours in a 14-day period must be compensated for at a rate of not less than 1 1/2 times the hourly wage rate for the employee.

(s)  a firefighter who is working under a work period established in a collective bargaining agreement entered into between a public employer and a firefighters' organization or its exclusive representative;

(t)  an officer or other employee of a police department in a city of the first or second class who is working under a work period established by the chief of police under 7-32-4118;

(u)  an employee of a department of public safety working under a work period established pursuant to 7-32-115;

(v)  an employee of a retail establishment if the employee's regular rate of pay exceeds 1 1/2 times the minimum hourly rate applicable under section 206 of the Fair Labor Standards Act of 1938 and if more than half of the employee's compensation for a period of not less than 1 month is derived from commissions on goods and services;

(w)  a person employed as a guide, cook, camp tender, or livestock handler by a licensed outfitter as defined in 37-47-101;

(x)  an employee employed as a radio announcer, news editor, or chief engineer by an employer in a second- or third-class city or a town."



Section 32.  Section 39-30-101, MCA, is amended to read:

"39-30-101.   Short title. This chapter may be cited as the "Montana Handicapped Persons' Persons With Disabilities Employment Preference Act"."



Section 33.  Section 39-30-102, MCA, is amended to read:

"39-30-102.   Purposes. The purposes of this chapter are to recognize past employment discrimination against handicapped persons with disabilities and to facilitate the habilitation, rehabilitation, and readjustment of handicapped persons with disabilities."



Section 34.  Section 39-30-103, MCA, is amended to read:

"39-30-103.   Definitions. For the purposes of this chapter, the following definitions apply:

(1)  "Eligible spouse" means the spouse of a handicapped person with a disability determined by the department of public health and human services to have a 100% disability and who is unable to use the employment preference because of the person's disability.

(2)  "Handicapped person" means an individual certified by the department of public health and human services to have a physical or mental impairment that substantially limits one or more major life activities, such as writing, seeing, hearing, speaking, or mobility, and that limits the individual's ability to obtain, retain, or advance in employment.

(3)  (a) "Initial hiring" means a personnel action for which applications are solicited from outside the ranks of the current employees of:

(i)  a department, as defined in 2-15-102, for a position within the executive branch;

(ii) a legislative agency for a position within the legislative branch;

(iii) a judicial agency, such as the office of supreme court administrator, office of supreme court clerk, state law library, or similar office in a state district court for a position within the judicial branch;

(iv) a city or town for a municipal position, including a city or municipal court position; and

(v)  a county for a county position, including a justice's court position.

(b)  A personnel action limited to current employees of a specific public entity identified in subsections (3)(a)(i) through (3)(a)(v) this subsection (2), current employees in a reduction-in-force pool who have been laid off from a specific public entity identified in subsections (3)(a)(i) through (3)(a)(v) this subsection (2), or current participants in a federally authorized employment program is not an initial hiring.

(4)(3)  (a) "Mental impairment" means:

(i)  suffering from a disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or any other neurologically handicapping disabling condition closely related to mental retardation and requiring treatment similar to that required by mentally retarded individuals; or

(ii) an organic or mental impairment that has substantial adverse effects on an individual's cognitive or volitional functions.

(b)  The term mental impairment does not include alcoholism or drug addiction and does not include any mental impairment, disease, or defect that has been asserted by the individual claiming the preference as a defense to any criminal charge.

(4) "Person with a disability" means an individual certified by the department of public health and human services to have a physical or mental impairment that substantially limits one or more major life activities, such as writing, seeing, hearing, speaking, or mobility, and that limits the individual's ability to obtain, retain, or advance in employment.

(5)  "Position" means a permanent or seasonal position, as defined in 2-18-101, for a state position or a similar permanent or seasonal position with a public employer other than the state. However, the term does not include:

(a)  a temporary position, as defined in 2-18-101, for a state position or similar temporary position with a public employer other than the state;

(b)  a state or local elected official;

(c)  employment as an elected official's immediate secretary, legal advisor adviser, court reporter, or administrative, legislative, or other immediate or first-line aide;

(d)  appointment by an elected official to a body such as a board, commission, committee, or council;

(e)  appointment by an elected official to a public office if the appointment is provided for by law;

(f)  a department head appointment by the governor or an executive department head appointment by a mayor, city manager, county commissioner, or other chief administrative or executive officer of a local government; or

(g)  engagement as an independent contractor or employment by an independent contractor.

(6)  (a) "Public employer" means:

(i)  any department, office, board, bureau, commission, agency, or other instrumentality of the executive, judicial, or legislative branch of the government of the state of Montana; and

(ii) any county, city, or town.

(b)  The term does not include a school district, a vocational-technical program, a community college, the board of regents of higher education, the Montana university system, a special purpose district, an authority, or any political subdivision of the state other than a county, city, or town.

(7)  "Substantially equal qualifications" means the qualifications of two or more persons among whom the public employer cannot make a reasonable determination that the qualifications held by one person are significantly better suited for the position than the qualifications held by the other persons."



Section 35.  Section 39-30-106, MCA, is amended to read:

"39-30-106.   Adoption of rules. The department of administration shall adopt rules implementing this chapter and shall consult with the department of public health and human services in adopting rules governing certification of handicapped persons with disabilities for purposes of this chapter. The department of administration's rules apply to all public employers, local as well as state."



Section 36.  Section 39-30-107, MCA, is amended to read:

"39-30-107.   Certification of handicapped persons with disabilities. The department of public health and human services shall certify persons as handicapped with disabilities for the purpose of employment preference as provided in this chapter."



Section 37.  Section 39-30-201, MCA, is amended to read:

"39-30-201.   Employment preference in initial hiring. (1) (a) Except as provided in 10-2-402, in an initial hiring for a position, if a job applicant who is a handicapped person with a disability or eligible spouse meets the eligibility requirements contained in 39-30-202 and claims a preference as required by 39-30-206, a public employer shall hire the applicant over any other applicant with substantially equal qualifications who is not a preference-eligible applicant.

(b)  In an initial hiring, a public employer shall hire a handicapped person with a disability over any other preference-eligible applicant with substantially equal qualifications.

(2)  The employment preference provided for in subsection (1) does not apply to a personnel action described in 39-30-103(3)(b)(2)(b) or to any other personnel action that is not an initial hiring."



Section 38.  Section 39-30-202, MCA, is amended to read:

"39-30-202.   Eligibility requirements. An eligible spouse or handicapped person with a disability is not entitled to receive employment preference as provided in 39-30-201 unless:

(1)  he the individual is a United States citizen;

(2)  he the individual has resided continuously in the state for at least 1 year immediately before applying for employment;

(3)  if applying for municipal or county employment, he the individual has resided for at least 30 days immediately before applying for employment in the city, town, or county in which employment is sought; and

(4)  he the individual meets those requirements considered necessary by a public employer to successfully perform the essential duties of the position for which he the individual is applying."



Section 39.  Section 39-30-203, MCA, is amended to read:

"39-30-203.   Duration of preference. Subject to 39-30-202, a handicapped person with a disability or eligible spouse qualifies for employment preference as long as the disabling condition exists."



Section 40.  Section 39-71-901, MCA, is amended to read:

"39-71-901.   Definitions. As used in this part, the following definitions apply:

(1)  "Certificate" means documentation issued by the department to an individual who is vocationally handicapped a person with a disability.

(2)  "Fund" means the subsequent injury fund.

(3)  "Vocationally handicapped" "Person with a disability" means a person who has a medically certifiable permanent impairment which that is a substantial obstacle to obtaining employment or to obtaining reemployment if the employee should become unemployed, considering such factors as the person's age, education, training, experience, and employment rejection."



Section 41.  Section 39-71-903, MCA, is amended to read:

"39-71-903.   Procedure and practice. When a vocationally handicapped person with a disability receives a personal injury, the procedure and practice provided in this chapter applies apply to all proceedings under this part, except where when specifically otherwise provided herein in this part."



Section 42.  Section 39-71-904, MCA, is amended to read:

"39-71-904.   Rules for certification. The department shall promulgate rules for certification of vocationally handicapped persons with disabilities."



Section 43.  Section 39-71-905, MCA, is amended to read:

"39-71-905.   Certification as vocationally handicapped person with a disability. A person who wishes to be certified as vocationally handicapped a person with a disability for purposes of this part shall apply to the department on forms furnished by the department. The department shall conduct an investigation and shall issue a certificate to a person who, in the department's discretion, meets the requirements for vocationally handicapped certification. A person shall apply for certification before employment or within 60 days after he the person becomes employed or reemployed and before an injury occurs that is covered by this part. The certification is effective on the date of employment or reemployment. Failure to apply before employment or within 60 days after employment or reemployment precludes the employer from the protection and benefits of this part."



Section 44.  Section 39-71-906, MCA, is amended to read:

"39-71-906.   Employer hiring or retaining certified vocationally handicapped person with a disability to file information with department -- effect of failure to file. Upon commencement of employment or retention in employment of a certified vocationally handicapped person with a disability, the employer shall submit to the department, on forms furnished by the department, all pertinent information requested by the department. The department shall acknowledge receipt of the information. Failure to file the required information with the department within 60 days after the first day of the vocationally handicapped person's employment or retention in employment precludes the employer from the protection and benefits of this part unless the information is filed before an injury for which benefits are payable under this part."



Section 45.  Section 39-71-907, MCA, is amended to read:

"39-71-907.   Certified vocationally handicapped person with a disability to be compensated for injury as provided by chapter -- insurer liability for compensation limited -- appropriation. (1) A person certified as vocationally handicapped having a physical or mental disability that constitutes or results in a substantial impediment to employment who receives a personal injury arising out of and in the course of employment and resulting in death or disability must be paid compensation in the manner and to the extent provided in this chapter or, in case of death resulting from such the injury, the compensation must be paid to the person's beneficiaries or dependents. The liability of the insurer for payment of medical and burial benefits as provided in this chapter is limited to those benefits arising from services rendered during the period of 104 weeks after the date of injury. The liability of the insurer for payment of benefits as provided in this chapter is limited to 104 weeks of compensation benefits actually paid. Thereafter After 104 weeks, all compensation and the cost of all medical care and burial is are the liability of the fund.

(2)  The amounts necessary for the payment of benefits from this fund are statutorily appropriated, as provided in 17-7-502, from this fund."



Section 46.  Section 50-1-202, MCA, is amended to read:

"50-1-202.   General powers and duties. The department shall:

(1)  study conditions affecting the citizens of the state by making use of birth, death, and sickness records;

(2)  make investigations, disseminate information, and make recommendations for control of diseases and improvement of public health to persons, groups, or the public;

(3)  at the request of the governor, administer any federal health program for which responsibilities are delegated to states;

(4)  inspect and work in conjunction with custodial institutions and Montana university system units periodically as necessary and at other times on request of the governor;

(5)  after each inspection made under subsection (4), submit a written report on sanitary conditions to the governor and to the director of the department of corrections or the commissioner of higher education and include recommendations for improvement in conditions if necessary;

(6)  advise state agencies on location, drainage, water supply, disposal of excreta, heating, plumbing, sewer systems, and ventilation of public buildings;

(7)  develop and administer activities for the protection and improvement of dental health and supervise dentists employed by the state, local boards of health, or schools;

(8)  develop, adopt, and administer rules setting standards for participation in and operation of programs to protect the health of mothers and children, which rules may include programs for nutrition, family planning services, improved pregnancy outcome, and those authorized by Title X of the federal Public Health Service Act and Title V of the federal Social Security Act;

(9) conduct health education programs;

(10) provide consultation to school and local community health nurses in the performance of their duties;

(11) consult with the superintendent of public instruction on health measures for schools;

(12) develop, adopt, and administer rules setting standards for a program to provide services to handicapped children with disabilities, including standards for:

(a)  diagnosis;

(b)  medical, surgical, and corrective treatment;

(c)  aftercare and related services; and

(d)  eligibility;

(13) provide consultation to local boards of health;

(14) bring actions in court for the enforcement of the health laws and defend actions brought against the board or department;

(15) accept and expend federal funds available for public health services;

(16) have the power to use personnel of local departments of health to assist in the administration of laws relating to public health;

(17) adopt rules imposing fees for the tests and services performed by the laboratory of the department of environmental quality. Fees, established on an annual basis, should reflect the actual costs of the tests or services provided. The department may not establish fees exceeding the costs incurred in performing tests and services. All fees must be deposited in the state special revenue fund for the use of the department in performing tests and services.

(18) adopt and enforce rules regarding the definition of communicable diseases and the reporting and control of communicable diseases;

(19) adopt and enforce rules regarding the transportation of dead human bodies; and

(20) adopt and enforce minimum sanitation requirements for tattooing as provided in 50-2-116, including regulation of premises, equipment, and methods of operation, solely oriented to the protection of public health and the prevention of communicable disease."



Section 47.  Section 50-5-105, MCA, is amended to read:

"50-5-105.   Discrimination prohibited. (1) All phases of the operation of a health care facility shall must be without discrimination against anyone on the basis of race, creed, religion, color, national origin, sex, age, marital status, physical or mental handicap disability, or political ideas.

(2)  (a) A health care facility may not refuse to admit a person to the facility solely because the person has an HIV-related condition.

(b)  For the purposes of this subsection (2), the following definitions apply:

(i)  "HIV" means the human immunodeficiency virus identified as the causative agent of acquired immunodeficiency syndrome (AIDS) and includes all HIV and HIV-related viruses that damage the cellular branch of the human immune or neurological system and leave the infected person immunodeficient or neurologically impaired.

(ii) "HIV-related condition" means any medical condition resulting from an HIV infection, including but not limited to seropositivity for HIV.

(3)  A person who operates a facility may not discriminate among the patients of licensed physicians. The free and confidential professional relationship between a licensed physician and patient shall must continue and remain unaffected.

(4)  Except for a hospital that employs its medical staff, a hospital considering an application for staff membership or granting privileges within the scope of the applicant's license may not deny the application or privileges because the applicant is licensed under Title 37, chapter 5 or 6.

(5)  This section does not preclude a hospital from limiting membership or privileges based on education, training, or other relevant criteria."



Section 48.  Section 50-60-201, MCA, is amended to read:

"50-60-201.   Purpose of state building code. The state building code shall must be designed to effectuate the general purposes of parts 1 through 4 and the following specific objectives and standards to:

(1)  provide reasonably uniform standards and requirements for construction and construction materials consonant with accepted standards of design, engineering, and fire prevention practices;

(2)  permit to the fullest extent feasible the use of modern technical methods, devices, and improvements which that tend to reduce the cost of construction consistent with reasonable requirements for the health and safety of the occupants or users of buildings and, consistent with the conservation of energy, by design requirements and criteria that will result in the efficient utilization use of energy, whether used directly or in a refined form, in buildings;

(3)  eliminate restrictive, obsolete, conflicting, and unnecessary building regulations and requirements which that tend to increase unnecessarily construction costs, retard unnecessarily the use of proven new materials which that have been found adequate through experience or testing, or provide unwarranted preferential treatment to types or classes of materials, products, or methods of construction;

(4)  ensure that any new buildings constructed with public funds are accessible to and functional for physically handicapped persons with physical disabilities according to the principles applicable to accessibility to public buildings for handicapped persons with disabilities adopted, recommended, or issued as Part II, Uniform Federal Accessibility Standards, as it reads in the Federal Register dated August 7, 1984, and as the department may amend by rule to reflect changes in the principles;

(5)  encourage efficiencies of design and insulation which that enable buildings to be heated in the winter with the least possible quantities of energy and to be kept cool in the summer without air conditioning equipment or with the least possible use of such the equipment;

(6)  encourage efficiencies and criteria directed toward design of building envelopes with high thermal resistance and low air leakage and toward requiring practices in the design and selection of mechanical, electrical, and illumination systems which that promote the efficient use of energy."



Section 49.  Section 52-1-103, MCA, is amended to read:

"52-1-103.   Powers and duties of department. The department shall:

(1)  administer and supervise all forms of child and adult protective services;

(2)  act as the lead agency in coordinating and planning services to children with multiagency service needs;

(3)  provide the following functions, as necessary, for youth in need of care:

(a)  intake, investigation, case management, and client supervision;

(b)  placement in youth care facilities;

(c)  contracting for necessary services;

(d)  protective services day care; and

(e)  adoption;

(4)  register or license youth care facilities, child-placing agencies, day-care facilities, community homes for persons with developmental disabilities, community homes for severely disabled persons, and adult foster care facilities;

(5)  act as lead agency in implementing and coordinating child-care programs and services under the Montana Child Care Act;

(6)  administer the interstate compact for children;

(7) (a) administer child abuse prevention services funded through child abuse grants and the Montana children's trust fund provided for in Title 41, chapter 3, part 7; and

(b)  administer elder abuse prevention services;

(8) (a) make a written evaluation of each plan developed by the local family services advisory councils, as provided in 52-1-203, indicating those portions of each plan that will be implemented by the department, those portions that will not be implemented, and the reasons for not implementing those portions;

(b)  develop a statewide youth services and resources plan that takes into consideration local needs as reflected in plans developed by the local family services advisory councils;

(9) administer services to the aged;

(10) provide consultant services to:

(a)  facilities providing care for adults who are needy, indigent, handicapped, or dependent adults or who have disabilities; and

(b)  youth care facilities;

(11) utilize use the staff and services of other state agencies and units of the Montana university system, within their respective statutory functions, to carry out its functions under this title;

(12) contract, as necessary, with the county board of welfare for administration of child and adult protection services for that county; and

(13) adopt rules necessary to carry out the purposes of 41-3-1126 and this chapter."



Section 50.  Section 52-2-113, MCA, is amended to read:

"52-2-113.   Child rehabilitation -- duties of department. The department shall:

(1)  enforce all laws pertaining to children and take the initiative in all matters involving the interest of abused or neglected children;

(2)  use funds allocated or appropriated to the department for the purpose of providing for the special medical or material needs of children with developmental disabilities or physically handicapped children with physical disabilities who are eligible for department programs;

(3)  cooperate for the purposes of this part with all reputable child-helping and child-placing agencies; and

(4)  inspect and register or license youth care facilities, child-placing agencies, and adoption agencies."



Section 51.  Section 53-2-201, MCA, is amended to read:

"53-2-201.   Powers and duties of department. (1) The department shall:

(a)  administer and supervise public assistance, including the provision of food stamps, food commodities, aid to families with dependent children, energy assistance, weatherization, vocational rehabilitation, services for persons with severe disabilities, developmental disability services, and medical care payments in behalf of recipients of public assistance;

(b)  give consultant service to private institutions providing care for the adults who are needy, indigent, handicapped, or dependent adults or who have disabilities;

(c)  cooperate with other state agencies and develop provisions for services to the blind, including the prevention of blindness, the location of blind persons, medical services for eye conditions, and vocational guidance and training of the blind;

(d)  provide services in respect to organization and supervise county departments of public welfare and county boards of public welfare in the administration of public assistance functions and for efficiency and economy;

(e)  assist and cooperate with other state and federal departments, bureaus, agencies, and institutions, when requested, by performing services in conformity with public assistance purposes;

(f)  administer all state and federal funds allocated to the department for public assistance and do all things necessary, in conformity with federal and state law, for the proper fulfillment of public assistance purposes; and

(g)  make rules governing payment for services and supplies provided to recipients of public assistance.

(2)  The department may:

(a)  purchase, exchange, condemn, or receive by gift either real or personal property which that is necessary to carry out its public assistance functions. Title to property obtained under this subsection must be taken in the name of the state of Montana for the use and benefit of the department.

(b)  contract with the federal government to carry out its public assistance functions. The department may do all things necessary in order to avail itself of federal aid and assistance.

(c)  make rules, consistent with state and federal law, establishing the amount, scope, and duration of services to be provided to recipients of public assistance."



Section 52.  Section 53-4-607, MCA, is amended to read:

"53-4-607.   Exemptions from time limitations in pathways. (1) Recipients of aid to families with dependent children under the FAIM project may be exempted from the time limitations on assistance under pathways contained in 53-4-603 as provided by the department by rule.

(2)  In establishing categories of individuals who are exempt from the time limitations on assistance under pathways, the department may take into consideration factors that may delay an individual's attainment of self-sufficiency, including but not limited to the following:

(a)  The individual has a verifiable illness, injury, or physical or mental impairment, handicap, or disability.

(b)  The individual is of advanced age.

(c)  The individual does not have child care available.

(d)  The individual is attending high school or is working toward a graduate equivalency diploma, if the individual is under 20 years of age.

(e)  The individual is the parent of a child under 1 year of age.

(f)  The individual is providing care to a household member with a disability who requires special care.

(g)  The individual is a teenage parent participating in activities pursuant to a family investment agreement.

(h)  The department failed to substantially comply with its obligations under the family investment agreement.

(i)  The individual is a homeless person.

(j)  The individual is a victim of domestic violence."



Section 53.  Section 53-7-101, MCA, is amended to read:

"53-7-101.   Definitions. Unless the context requires otherwise, in this part, the following definitions apply:

(1)  "Department" means the department of public health and human services provided for in 2-15-2201.

(2)  "Independent living" means control over one's life based upon a choice between acceptable options in a manner that minimizes reliance upon others for making decisions and conducting activities of daily living.

(3)  "Maintenance" means money payments made in accordance with 53-7-108.

(4)  "Occupational license" means a license, permit, or other written authority required by any governmental unit to engage in an occupation.

(5)  "Person with an employment handicap a disability" means the same as "individual with handicaps a disability" as defined in the federal Rehabilitation Act of 1973, 29 U.S.C. 706(8)(A), as may be amended. The term includes any individual who lacks occupation occupational or vocational achievement due to because of the presence of a physical or mental disability.

(6)  "Physical restoration" means any medical, surgical, or therapeutic treatment necessary to correct or substantially reduce the impediment to employment handicap of a person within a reasonable length of time, including but not limited to medical, psychiatric, dental, and surgical treatment, nursing services, hospital care, convalescent care, drugs, medical and surgical supplies, and prosthetic appliances, but excluding curative treatment for acute or transitory medical conditions unless necessary to maintain a person's health in order to complete a rehabilitation plan.

(7)  "Prosthetic appliance" means an artificial device necessary to support or take the place of a part of the body or to increase the acuity of a sense organ.

(8)  "Rehabilitation engineering" means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address the barriers confronted by persons with employment handicaps disabilities. The barriers may exist in the areas of education, rehabilitation, employment, transportation, independent living, and recreation.

(9)  "Rehabilitation plan" means a plan, developed with the participation of the recipient, for providing services to assist a person with an employment handicap a disability to become independent and productive or employable.

(10) "Rehabilitation training" means training provided to a person with an employment handicap a disability to rehabilitate overcome the person's impediment to employment handicap. The term includes but is not limited to manual, preconditioning, prevocational, vocational, and supplementary training and training provided for the purpose of achieving broader or more remunerative skills and capacities.

(11) "Vocational rehabilitation" means the provision of vocational rehabilitation services to a person with an employment handicap a disability to enable the person insofar as possible to become independent and productive or employable.

(12) "Vocational rehabilitation services" means the following services: medical diagnosis, vocational guidance, vocational counseling, vocational placement, rehabilitation training, rehabilitation engineering, physical restoration, transportation, occupational licenses, customary occupational tools and equipment, maintenance, training books and materials, group facilities, family services, followup services, and any other goods and services provided for by rule and that the department determines to be necessary to rehabilitate the person."



Section 54.  Section 53-7-102, MCA, is amended to read:

"53-7-102.   Powers and duties of department. The department:

(1)  shall adopt rules necessary for the administration of this part. Rules adopted may include but are not limited to the provision of services, individual service plans, eligibility for services, application, service goals and design, quality of services, provider relationships, program standards, program staffing, staff training, provider accounting procedures, confidential information, recipient grievance procedures, hearings, and definitions necessary to carry out this part;.

(2)  may take any other action that it determines necessary or appropriate to carry out the purposes of this part;

(3)  may cooperate with other departments and agencies and institutions, both public and private, in providing for vocational rehabilitation of persons with employment handicaps disabilities, in studying the problems involved in vocational rehabilitation, and in establishing, developing, and providing programs, facilities, and services;

(4)  may conduct research and compile statistics relating to the vocational rehabilitation of persons with employment handicaps disabilities; and

(5)  may accept and use gifts to carry out this part."



Section 55.  Section 53-7-105, MCA, is amended to read:

"53-7-105.   Eligibility. A person with an employment handicap a disability is eligible for vocational rehabilitation services if the department, after full investigation, determines that the person may become employable or achieve accepted vocational objectives through the provision of vocational rehabilitation services that are made available as provided for in 53-7-108."



Section 56.  Section 53-7-301, MCA, is amended to read:

"53-7-301.   Definitions. As used in this part, the following definitions apply:

(1)  (a) "Blindness" means a visual disability in which:

(i)  a person's central visual acuity does not exceed 20/200 in the better eye with correcting lenses; or

(ii) a person's visual field at the widest diameter subtends an angle no greater than 20 degrees.

(b)  The term includes any visual disability that, in the determination of the department, renders vision seriously defective or causes blindness.

(2)  "Department" means the department of public health and human services provided for in 2-15-2201.

(3)  "Independent living" means control over one's life based upon a choice between acceptable options in a manner that minimizes reliance upon others for making decisions and conducting activities of daily living.

(4)  "Low vision" means a visual impairment that, even with correction, remains so severe as to make performance of daily tasks difficult.

(5)  "Maintenance" means money payments made in accordance with 53-7-310.

(6)  "Occupational license" means a license, permit, or other written authority required by any governmental unit to engage in an occupation.

(7)  "Person with an employment handicap a disability" means the same as "individual with handicaps a disability" as defined in the federal Rehabilitation Act of 1973, 29 U.S.C. 706(8)(A), as may be amended. The term includes any individual who lacks occupation occupational or vocational achievement due to because of the presence of a physical or mental disability.

(8)  (a)  "Physical restoration" means any medical, surgical, or therapeutic treatment necessary to correct or substantially reduce an impediment to employment handicap caused by blindness or low vision within a reasonable length of time, including but not limited to medical, psychiatric, dental, and surgical treatment, nursing services, hospital care, convalescent care, drugs, medical and surgical supplies, and prosthetic appliances.

(b)  The term does not include curative treatment for acute or transitory medical conditions unless necessary to maintain a person's health in order to complete a rehabilitation plan.

(9)  "Prosthetic appliance" means an artificial device necessary to support or take the place of a part of the body or to increase the acuity of a sense organ.

(10) "Rehabilitation engineering" means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address the barriers confronted by persons with blindness or low vision. The barriers may exist in the areas of education, rehabilitation, employment, transportation, independent living, and recreation.

(11) "Rehabilitation plan" means a plan, developed with the participation of the recipient, for providing services to assist a person with blindness or low vision to become independent and productive or employable.

(12) "Rehabilitation training" means training provided to a person with blindness or low vision to rehabilitate overcome the person's impediment to employment handicap, including but not limited to manual, preconditioning, prevocational, vocational, and supplementary training and training provided for the purpose of achieving broader or more remunerative skills and capacities.

(13) "Vocational rehabilitation" means the provision of vocational rehabilitation services to a person with blindness or low vision to enable the person insofar as possible to become independent and productive or employable.

(14) "Vocational rehabilitation services" means the following services: medical diagnosis, vocational guidance, vocational counseling, vocational placement, rehabilitation training, rehabilitation engineering, physical restoration, transportation, occupational licenses, customary occupational tools and equipment, maintenance, training books and materials, group facilities, family services, followup services, and any other goods and services provided for by rule and that the department determines to be necessary to rehabilitate the person."



Section 57.  Section 53-7-306, MCA, is amended to read:

"53-7-306.   Eligibility for services. A person with an employment handicap due to a disability because of blindness or low vision is eligible for vocational rehabilitation services if the department, after full investigation, determines that the person may become employable or achieve accepted vocational objectives through the provision of vocational rehabilitation services that are made available as provided for in 53-7-310."



Section 58.  Section 53-18-101, MCA, is amended to read:

"53-18-101.   Definitions. As used in this part, the following definitions apply:

(1)  "Department" means the department of public health and human services provided for in 2-15-2201.

(2)  "Self-sufficiency trust" means a trust created by a nonprofit corporation that is a 501(c)(3) organization under the United States Internal Revenue Code of 1954, as amended, and that was organized under the Montana Nonprofit Corporation Act, Title 35, chapter 2, for the purpose of providing for the care and treatment of one or more persons who are residents of this state and are persons with developmental disabilities, mentally ill mental illness, physically handicapped or physical disabilities, or are otherwise eligible for department services, as defined by the department."



Section 59.  Section 53-18-103, MCA, is amended to read:

"53-18-103.   Administration of trust account. (1) The department may accept money from a self-sufficiency trust for deposit in the self-sufficiency trust account pursuant to an agreement with the self-sufficiency trust naming one or more beneficiaries who are residents of this state and are persons with developmental disabilities, mentally ill mental illness, physically handicapped or physical disabilities, or are otherwise eligible for department services, as defined by the department. The agreement must specify the care or treatment to be provided for each named beneficiary. Money in the trust account must be accounted for separately for each named beneficiary. The department of public health and human services shall administer the trust account for beneficiaries who are mentally ill.

(2)  (a)  The department shall adopt rules to administer the trust account.

(b)  The money in the trust account may be spent by the department, pursuant to its rules, only to provide care or treatment for the named beneficiary in accordance with the terms of the agreement.

(c)  If the director of the department determines that the money in the trust account for a named beneficiary cannot be used for the care and treatment of the beneficiary in a manner consistent with the rules of the department and the agreement or upon request of the self-sufficiency trust, the remaining money in the trust account for the named beneficiary, together with any accumulated interest, must be promptly returned to the self-sufficiency trust that provided the money for deposit in the trust account.

(3)  The trust account money must be deposited in the state treasury and invested as required by law and the earnings credited to the trust account."



Section 60.  Section 53-18-105, MCA, is amended to read:

"53-18-105.   Special account. There is created within the self-sufficiency trust account a special account for the disabled. The director of the department may accept money from any source for deposit into the special account. The money in the special account must be used by the department, subject to appropriation, for the purpose of providing for the care and treatment of low-income persons with developmental disabilities, mentally ill persons, and physically handicapped persons mental illness, or physical disabilities or low-income persons otherwise eligible for department services, as defined by the department."



Section 61.  Section 53-19-102, MCA, is amended to read:

"53-19-102.   Definitions. As used in this part, the following definitions apply:

(1)  "Community home for persons with severe disabilities" means a facility licensed by the department, as provided for in 52-4-201 through 52-4-205.

(2)  "Department" means the department of public health and human services established in 2-15-2201.

(3)  "Disability" means a permanent physical or mental condition recognized as a disability by Title VII of the federal Rehabilitation Act of 1973, 29 U.S.C. 796, et seq., as may be amended.

(4)  "Live and function independently" means to have control over one's life based upon a choice between acceptable options in a manner that minimizes reliance upon others for making decisions and conducting activities of daily living.

(5)  "Person with a severe disabilities disability" means the same as "individual with a severe handicaps disability" as defined in the federal Rehabilitation Act of 1973, 29 U.S.C. 706(15)(B), as may be amended. The term includes an individual whose ability to function independently in family or community or whose ability to engage or continue in employment is so limited by the severity of the physical or mental disability that the services provided under this part are required in order for the individual to achieve a greater level of independence in functioning in family or community or in engaging in or continuing in employment."



Section 62.  Section 53-19-301, MCA, is amended to read:

"53-19-301.   Legislative findings and declaration. (1) The legislature finds and declares that many Montana citizens are physically handicapped have physical disabilities and are unable to use traditional telecommunications equipment and services without assistance. These citizens constitute a substantial and valuable resource within the United States and the state of Montana, and this segment of our population needs access to telecommunications services in order to function as contributing and productive members of our society.

(2)  The legislature further finds and declares that the role of telecommunications in our world today is inestimable. Telecommunications is the primary vehicle of commerce and industry, the means to convey and receive information and knowledge, and the way that we connect with others on a personal as well as business level. Telecommunications gives people independence and self-sufficiency, and it provides goods and services, human contact, and fellowship.

(3)  The legislature further finds that access to telecommunications services should be provided to persons who are handicapped have disabilities not only for their own sake but for the benefit of society at large. Access to telecommunications services would enhance the business and personal lives of handicapped persons with disabilities, and its availability to the handicapped persons with disabilities would be an investment of benefit to all of Montana.

(4)  Consistent with the findings stated in subsections (1) through (3), the legislature finds it appropriate to provide handicapped persons with disabilities access to telecommunications services by creating a program to make specialized telecommunications equipment and services available to the handicapped persons with disabilities."



Section 63.  Section 53-19-302, MCA, is amended to read:

"53-19-302.   Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1)  "Committee" means the committee on telecommunications services for the handicapped persons with disabilities established in 2-15-2212.

(2)  "Dual-party relay system" means a service that permits full and simultaneous communication between those using telecommunications devices for the deaf (TDD) and those using conventional telephone equipment.

(3)  "Handicapped" means the condition of a person who is blind, deaf, hard-of-hearing, or speech-impaired.

(4)(3)  "Local exchange company" means a telecommunications company that provides telephone access lines to members of the general public who are its customers.

(4) "Person with a disability" means the condition of a person who is blind, deaf, hard-of-hearing, or speech-impaired.

(5)  "Program" means the program established in 53-19-306.

(6)  "Specialized telecommunications equipment" means any telecommunications device that enables or assists a person who is handicapped with a disability to communicate with others by means of the conventional telephone network. The term includes but is not limited to telecommunications devices for the deaf (TDD), amplifiers, signaling devices, puff-blow devices, electronic artificial larynx devices, and telebraille.

(7)  "Telephone access line" means the telephone exchange access line or channel that provides access from the premises of a customer of a local exchange company to the telecommunications network to effect the transfer of information."



Section 64.  Section 53-19-306, MCA, is amended to read:

"53-19-306.   Program established -- purpose. (1) The committee shall establish and administer a program to provide specialized telecommunications equipment and services to persons who are handicapped with disabilities.

(2)  The purpose of the program is to:

(a)  furnish specialized telecommunications equipment to meet the needs of persons who are handicapped with disabilities; and

(b)  provide a dual-party relay system to connect persons who are handicapped with disabilities with all phases of public telecommunications service, including telecommunications service to emergency services and public safety agencies as defined in 10-4-101."



Section 65.  Section 53-19-307, MCA, is amended to read:

"53-19-307.   Provision of services. In administering the program established in 53-19-306, the committee shall:

(1)  develop an appropriate means test to determine eligibility for participation in the program;

(2)  require that participants in the program be residents of Montana and that residency be maintained as a condition of eligibility for continued participation in the program;

(3)  require that participants provide satisfactory evidence that they are handicapped have disabilities and would benefit from the use of specialized telecommunications equipment;

(4)  provide specialized telecommunications equipment to participants on the basis of a loan or lease arrangement that may include cost-sharing between the handicapped person with a disability and his the person's employer;

(5)  determine the type of specialized telecommunications equipment that it considers necessary and economically feasible for use by Montana's handicapped persons with disabilities;

(6)  purchase or lease all specialized telecommunications equipment through bid by wholesale manufacturers on a competitive basis;

(7)  require, as a condition of each equipment purchase or lease, that the original manufacturer provide repair and maintenance service for new and returned equipment;

(8)  maintain records of each item of equipment, including the location, serial number, and telephone number of each device;

(9)  require an appropriate security deposit for equipment at the time of delivery, which deposit must be refunded without interest when the equipment is returned;

(10) make reasonable efforts to recover equipment from those who become ineligible for continued participation in the program;

(11) provide a dual-party relay system that, if feasible, would be available statewide for operation 7 days a week, 24 hours a day, including holidays; and

(12) implement the service described in subsection (11) within 2 years following July 1, 1989; and

(13) adopt rules necessary to administer the program."



Section 66.  Section 53-19-310, MCA, is amended to read:

"53-19-310.   Fund for telecommunications services for the handicapped persons with disabilities. (1) There is an account for telecommunications services for the handicapped persons with disabilities in the state special revenue fund in the state treasury. The account consists of:

(a)  all monetary contributions, gifts, and grants received by the committee as provided in 53-19-309; and

(b)  all charges billed and collected pursuant to 53-19-311.

(2)  The money in the account is allocated to the committee for purposes of implementing this part.

(3)  All expenditures of the committee in administering this part must be paid from money deposited in the account."



Section 67.  Section 53-20-102, MCA, is amended to read:

"53-20-102.   Definitions. As used in this part, the following definitions apply:

(1)  "Board" or "mental disabilities board of visitors" means the mental disabilities board of visitors created by 2-15-211.

(2)  "Community-based facilities" or "community-based services" means those facilities and services that are available for the evaluation, treatment, and habilitation of persons with developmental disabilities in a community setting.

(3)  "Court" means a district court of the state of Montana.

(4)  "Developmental disabilities professional" means a licensed psychologist, a licensed psychiatrist, or a person with a master's degree in psychology, who:

(a)  has training and experience in psychometric testing and evaluation;

(b)  has experience in the field of developmental disabilities; and

(c)  is certified, as provided in 53-20-106, by the department of public health and human services.

(5)  "Developmental disability" means a disability that is attributable to mental retardation, cerebral palsy, epilepsy, autism, or any other neurologically handicapping disabling condition closely related to mental retardation and that requires treatment similar to that required by mentally retarded individuals. A developmental disability is a disability that originated before the individual attained age 18, that has continued or can be expected to continue indefinitely, and that constitutes results in the person having a substantial handicap disability of the individual.

(6)  "Habilitation" means the process by which a person who has a developmental disability is assisted in acquiring and maintaining those life skills that enable the person to cope more effectively with personal needs and the demands of the environment and in raising the level of the person's physical, mental, and social efficiency. Habilitation includes but is not limited to formal, structured education and treatment.

(7)  "Individual treatment planning team" means the interdisciplinary team of persons involved in and responsible for the habilitation of a resident. The resident is a member of the team.

(8)  "Next of kin" includes but is not limited to the spouse, parents, adult children, and adult brothers and sisters of a person.

(9)  "Qualified mental retardation professional" means a professional program staff person for the residential facility who the department of public health and human services determines meets the professional requirements necessary for federal certification of the facility.

(10) "Resident" means a person committed to a residential facility.

(11) "Residential facility" or "facility" means the Montana developmental center and the Eastmont human services center.

(12) "Residential facility screening team" means a team of persons, appointed as provided in 53-20-133, who are that is responsible for screening a respondent to determine if the commitment of the respondent to a residential facility is appropriate.

(13) "Respondent" means a person alleged in a petition filed pursuant to this part to be seriously developmentally disabled and in need of developmental disability services in a residential facility.

(14) "Responsible person" means a person willing and able to assume responsibility for a person who is seriously developmentally disabled or alleged to be seriously developmentally disabled.

(15) "Seriously developmentally disabled" means a person who:

(a)  has a developmental disability;

(b)  is impaired in cognitive functioning; and

(c)  has behaviors that pose an imminent risk of serious harm to self or others or self-help deficits so severe as to require total care or near total care and who because of those behaviors or deficits, cannot be safely and effectively habilitated in community-based services."



Section 68.  Section 53-20-142, MCA, is amended to read:

"53-20-142.   Rights while in a residential facility. Persons admitted to a residential facility for a period of habilitation shall enjoy the following rights:

(1)  Residents have a right to dignity, privacy, and humane care.

(2)  Residents are entitled to send and receive sealed mail. Moreover, it is the duty of the facility to foster the exercise of this right by furnishing the necessary materials and assistance.

(3)  Residents must have the same rights and access to private telephone communication as patients at any public hospital except to the extent that the individual treatment planning team or the qualified mental retardation professional responsible for formulation of a particular resident's habilitation plan writes an order imposing special restrictions and explains the reasons for the restrictions. The written order must be renewed monthly if any restrictions are to be continued.

(4)  Residents have an unrestricted right to visitation except to the extent that the individual treatment planning team or the qualified mental retardation professional responsible for formulation of a particular resident's habilitation plan writes an order imposing special restrictions and explains the reasons for the restrictions. The written order must be renewed monthly if restrictions are to be continued.

(5)  Residents have a right to receive suitable educational and habilitation services regardless of chronological age, degree of retardation, or accompanying disabilities or handicaps.

(6)  Each resident must have an adequate allowance of neat, clean, suitably fitting, and seasonable clothing. Except when a particular kind of clothing is required because of a particular condition, residents must have the opportunity to select from various types of neat, clean, and seasonable clothing. The clothing must be considered the resident's throughout his the resident's stay in the facility. Clothing, both in amount and type, must make it possible for residents to go out of doors in inclement weather, to go for trips or visits appropriately dressed, and to make a normal appearance in the community. The facility shall make provision for the adequate and regular laundering of the residents' clothing.

(7)  Each resident has the right to keep and use his the resident's own personal possessions except insofar as such the clothes or personal possessions may be determined by the individual treatment planning team or the qualified mental retardation professional to be dangerous either to himself the resident or to others.

(8)  Each resident has a right to a humane physical environment within the residential facility. The facility must be designed to make a positive contribution to the efficient attainment of the habilitation goals of the resident. To accomplish this purpose:

(a)  regular housekeeping and maintenance procedures that will ensure that the facility is maintained in a safe, clean, and attractive condition must be developed and implemented;

(b)  pursuant to an established routine maintenance and repair program, the physical plant must be kept in a continuous state of good repair and operation so as to ensure the health, comfort, safety, and well-being of the residents and so as not to impede in any manner the habilitation programs of the residents;

(c)  the physical facilities must shall meet all fire and safety standards established by the state and locality. In addition, the facility must shall meet the provisions of the life safety code of the national fire protection association that are applicable to it.

(d)  there must be special facilities for nonambulatory residents to ensure their safety and comfort, including special fittings on toilets and wheelchairs. Appropriate provision must be made to permit nonambulatory residents to communicate their needs to staff.

(9)  Residents have a right to receive prompt and adequate medical treatment for any physical or mental ailments or injuries or physical disabilities and for the prevention of any illness or disability. Such The medical treatment must meet standards of medical practice in the community. However, nothing in this subsection may be interpreted to impair other rights of a resident in regard to involuntary commitment for mental illness, use of psychotropic medication, use of hazardous, aversive, or experimental procedures, or the refusal of such treatment.

(10) Corporal punishment is not permitted.

(11) The opportunity for religious worship must be accorded to each resident who desires such worship. Provisions for religious worship must be made available to all residents on a nondiscriminatory basis. An individual may not be compelled to engage in any religious activities.

(12) Residents have a right to a nourishing, well-balanced diet. The diet for residents must provide at a minimum the recommended daily dietary allowance as developed by the national academy of sciences. Provisions must be made for special therapeutic diets and for substitutes at the request of the resident, his the resident's parents, guardian, or next of kin, or the responsible person appointed by the court in accordance with the religious requirements of any resident's faith. Denial of a nutritionally adequate diet may not be used as punishment.

(13) Residents have a right to regular physical exercise several times a week. It is the duty of the facility to provide both indoor and outdoor facilities and equipment for such exercise. Residents have a right to be outdoors daily in the absence of contrary medical considerations.

(14) Residents have a right, under appropriate supervision, to suitable opportunities for the interaction with members of the opposite sex except where when the individual treatment planning team or the qualified mental retardation professional responsible for the formulation of a particular resident's habilitation plan writes an order to the contrary and explains the reasons for the order. The order must be renewed monthly if the restriction is to be continued."



Section 69.  Section 53-20-148, MCA, is amended to read:

"53-20-148.   Right to habilitation. (1) Persons admitted to residential facilities shall have a right to habilitation, including medical treatment, education, and care suited to their needs, regardless of age, degree of retardation, or handicapping disabling condition. Each resident has a right to a habilitation program that will maximize his the resident's human abilities and enhance his the resident's ability to cope with his the environment. Every residential facility shall recognize that each resident, regardless of ability or status, is entitled to develop and realize his the resident's fullest potential. The facility shall implement the principle of normalization so that each resident may live as normally as possible.

(2)  Residents have a right to the least restrictive conditions necessary to achieve the purposes of habilitation. To this end, the facility shall make every attempt to move residents from:

(a)  more to less structured living;

(b)  larger to smaller facilities;

(c)  larger to smaller living units;

(d)  group to individual residences;

(e)  segregated from the community to integrated into the community living;

(f)  dependent to independent living.

(3)  Within 30 days of his admission to a residential facility, each resident must have an evaluation by appropriate specialists for programming purposes.

(4)  Each resident must have an individualized habilitation plan formulated by an individual treatment planning team. This plan must be implemented as soon as possible, but no later than 30 days after the resident's admission to the facility. An interim program of habilitation, based on the preadmission evaluation conducted pursuant to this part, must commence promptly upon the resident's admission. Each individualized habilitation plan must contain:

(a)  a statement of the nature of the specific limitations and the needs of the resident;

(b)  a description of intermediate and long-range habilitation goals, with a projected timetable for their attainment;

(c)  a statement of and an explanation for the plan of habilitation for achieving these intermediate and long-range goals;

(d)  a statement of the least restrictive setting for habilitation necessary to achieve the habilitation goals of the resident;

(e)  a specification of the professionals and other staff members who are responsible for the particular resident's attaining these habilitation goals;

(f)  criteria for release to less restrictive settings for habilitation, based on the resident's needs, including criteria for discharge and a projected date for discharge.

(5)  As part of his the habilitation plan, each resident must have an individualized postinstitutionalization plan that includes an identification of services needed to make a satisfactory community placement possible. This plan must be developed by the individual treatment planning team that shall begin preparation of the plan upon the resident's admission to the facility and shall complete the plan as soon as practicable. The parents or guardian or next of kin of the resident, the responsible person appointed by the court, if any, and the resident, if able to give informed consent, must be consulted in the development of the plan and must be informed of the content of the plan.

(6)  In the interests of continuity of care, one qualified mental retardation professional shall whenever possible be responsible for supervising the implementation of the habilitation plan, integrating the various aspects of the habilitation program, and recording the resident's progress as measured by objective indicators. The qualified mental retardation professional shall is also be responsible for ensuring that the resident is released when appropriate to a less restrictive habilitation setting.

(7)  The habilitation plan must be reviewed monthly by the qualified mental retardation professional responsible for supervising the implementation of the plan and must be modified if necessary. In addition, 6 months after admission and at least annually thereafter, each resident must receive a comprehensive psychological, social, habilitative, and medical diagnosis and evaluation and his the resident's habilitation plan must be reviewed and revised accordingly by the individual treatment planning team. A habilitation plan must be reviewed monthly.

(8)  Each resident placed in the community must receive transitional habilitation assistance.

(9)  The superintendent of the residential facility, or his the superintendent's designee, shall report in writing to the parents or guardian of the resident or the responsible person at least every 6 months on the resident's habilitation and medical condition. The report must also state any appropriate habilitation program that has not been afforded to the resident because of inadequate habilitation resources.

(10) Each resident, the parents or guardian of each resident, and the responsible person appointed by the court must promptly upon the resident's admission receive a written copy of and be orally informed of all the above standards for adequate habilitation, the rights accorded by 53-20-142, and other information concerning the care and habilitation of the resident that may be available to assist them in understanding the situation of the resident and the rights of the resident in the facility."



Section 70.  Section 53-20-202, MCA, is amended to read:

"53-20-202.   Definitions. As used in this part, the following definitions apply:

(1)  "Comprehensive developmental disability system" means a system of services, including but not limited to the following basic services, with the intention of providing alternatives to institutionalization:

(a)  evaluation services;

(b)  diagnostic services;

(c)  treatment services;

(d)  day-care services;

(e)  training services;

(f)  education services;

(g)  employment services;

(h)  recreation services;

(i)  personal-care services;

(j)  domiciliary-care services;

(k)  special living arrangements services;

(l)  counseling services;

(m)  information and referral services;

(n)  follow-along services;

(o)  protective and other social and sociolegal services; and

(p)  transportation services.

(2)  "Department" means the department of public health and human services.

(3)  "Developmental disabilities" means disabilities attributable to mental retardation, cerebral palsy, epilepsy, autism, or any other neurological neurologically handicapping disabling condition closely related to mental retardation and requiring treatment similar to that required by mentally retarded individuals if the disability originated before the person attained age 18, has continued or can be expected to continue indefinitely, and constitutes results in the person having a substantial handicap disability of the person.

(4)  "Developmental disabilities facility" means any service or group of services offering care to persons with developmental disabilities on an inpatient, outpatient, residential, clinical, or other programmatic basis.

(5)  "Planning and advisory council" or "council" means the developmental disabilities planning and advisory council created in 2-15-2204."



Section 71.  Section 53-20-203, MCA, is amended to read:

"53-20-203.   Responsibilities of department. The department shall:

(1)  take cognizance of matters affecting the citizens of the state who are persons with developmental disabilities;

(2)  initiate a preventive developmental disabilities program which shall that must include but not be limited to the implementation of developmental disabilities care, treatment, prevention, and research as can best be accomplished by community-centered services. Every means shall must be utilized used to initiate and operate the service program in cooperation with local agencies under the provisions of 53-20-205 and 53-20-207.

(3)  collect and disseminate information relating to developmental disabilities;

(4)  prepare, with the assistance of the planning and advisory council, an annual comprehensive plan for the initiation and maintenance of developmental disabilities services in the state. The services shall must include but not be limited to community comprehensive developmental disabilities services as referred to in 53-20-202.

(5)  provide by rule for the evaluation of persons who apply for services or persons admitted into a program at a developmental disability facility;

(6)  provide state personnel to assist regional councils provided for in 53-20-207;

(7)  receive from agencies of the government of the United States and other agencies, persons or groups of persons, associations, firms, or corporations grants of money, receipts from fees, gifts, supplies, materials, and contributions to initiate and maintain developmental disabilities services within the state;

(8)  require that habilitation plans be developed, implemented, and continuously maintained for all persons with developmental disabilities who are served through a community-based program funded by the state; and

(9)  use funds available for cases in which special medical or material assistance is necessary to rehabilitate children with developmental disabilities or physically handicapped children with physical disabilities if such assistance is not otherwise provided for by law."



Section 72.  Section 61-3-332, MCA, is amended to read:

"61-3-332.   Number plates. (1) A motor vehicle that is driven upon the streets or highways of Montana must display both front and rear number plates, bearing the distinctive number assigned to the vehicle. The number plates are in 10 series: one series for owners of motorcars, one for owners of motor vehicles of the motorcycle or quadricycle type, one for trailers, one for trucks, one for dealers in vehicles of the motorcycle or quadricycle type that bear the distinctive letters "MCD" or the letters "MC" and the word "DEALER", one for franchised dealers in new motorcars (including trucks and trailers) or new and used motorcars (including trucks and trailers) that bear the distinctive letter "D" or the word "DEALER", one for dealers in used motorcars only (including used trucks and trailers) that bear the distinctive letters "UD" or the letter "U" and the word "DEALER", one for dealers in trailers and/or semitrailers (new or used) that bear the distinctive letters "DTR" or the letters "TR" and the word "DEALER", one for dealers in recreational vehicles that bear the distinctive letters "RV" or the letter "R" and the word "DEALER", and one for special license plates. All markings for the various kinds of dealers' plates must be placed on the number plates assigned to the dealer, in the position that the department designates.

(2)  All number plates for motor vehicles must be issued for a minimum period of 4 years, bear a distinctive marking, and be furnished by the state. In years when number plates are not issued, the department shall provide nonremovable stickers bearing appropriate registration numbers that must be affixed to the license plates in use.

(3)  Subject to the provisions of this section, the department shall create a new design for number plates as provided in this section.

(4)  In the case of motorcars and trucks, plates must be of metal 6 inches wide and 12 inches in length. The outline of the state of Montana must be used as a distinctive border on the license plates, and the word "Montana" and the year must be placed across the plates. Registration plates must be treated with a reflectorized background material according to specifications prescribed by the department.

(5)  The distinctive registration numbers must begin with a number one or with a letter-number combination, such as "A 1" or "AA 1", or any other similar combination of letters and numbers. The distinctive registration number or letter-number combination assigned to the vehicle must appear on the plate preceded by the number of the county and appearing in horizontal order on the same horizontal baseline. The county number must be separated from the distinctive registration number by a separation mark unless a letter-number combination is used. The dimensions of the numerals and letters must be determined by the department, and all county and registration numbers must be of equal height.

(6)  For the use of tax-exempt motor vehicles, in addition to the markings provided in this section, number plates must bear the following distinctive markings:

(a)  For vehicles owned by the state, the department may designate the prefix number for the various state departments. All numbered plates issued to state departments must bear the words "State Owned", and a year number may not be indicated on the plates because these numbered plates are of a permanent nature and will be replaced by the department only when the physical condition of numbered plates requires it.

(b)  For vehicles that are owned by the counties, municipalities, and special districts, as defined in 18-8-202, organized under the laws of Montana and not operating for profit, and that are used and operated by officials and employees in the line of duty and for vehicles on loan from the United States government or the state of Montana to, or owned by, the civil air patrol and used and operated by officials and employees in the line of duty, there must be placed on the number plates assigned, in a position that the department may designate, the letter "X" or the word "EXEMPT". Distinctive registration numbers for plates assigned to motor vehicles of each of the counties in the state and those of the municipalities and special districts that obtain plates within each county must begin with number one and be numbered consecutively. Because these number plates are of a permanent nature, they are subject to replacement by the department only when the physical condition of the number plates requires it and a year number may not be displayed on the number plates.

(7)  On all number plates assigned to motor vehicles of the truck and trailer type, other than tax-exempt trucks and tax-exempt trailers, there must appear the letter "T" or the word "TRUCK" on plates assigned to trucks and the letters "TR" or the word "TRAILER" on plates assigned to trailers and housetrailers. The letters "MC" or the word "CYCLE" must appear on plates assigned to vehicles of the motorcycle or quadricycle type.

(8)  Number plates issued to a passenger car, truck, trailer, or vehicle of the motorcycle or quadricycle type may be transferred only to a replacement passenger car, truck, trailer, or motorcycle- or quadricycle-type vehicle. A registration or license fee may not be assessed upon a transfer of a number plate under 61-3-317 and 61-3-335.

(9)  For the purpose of this chapter, the several counties of the state are assigned numbers as follows: Silver Bow, 1; Cascade, 2; Yellowstone, 3; Missoula, 4; Lewis and Clark, 5; Gallatin, 6; Flathead, 7; Fergus, 8; Powder River, 9; Carbon, 10; Phillips, 11; Hill, 12; Ravalli, 13; Custer, 14; Lake, 15; Dawson, 16; Roosevelt, 17; Beaverhead, 18; Chouteau, 19; Valley, 20; Toole, 21; Big Horn, 22; Musselshell, 23; Blaine, 24; Madison, 25; Pondera, 26; Richland, 27; Powell, 28; Rosebud, 29; Deer Lodge, 30; Teton, 31; Stillwater, 32; Treasure, 33; Sheridan, 34; Sanders, 35; Judith Basin, 36; Daniels, 37; Glacier, 38; Fallon, 39; Sweet Grass, 40; McCone, 41; Carter, 42; Broadwater, 43; Wheatland, 44; Prairie, 45; Granite, 46; Meagher, 47; Liberty, 48; Park, 49; Garfield, 50; Jefferson, 51; Wibaux, 52; Golden Valley, 53; Mineral, 54; Petroleum, 55; Lincoln, 56. Any new counties must be assigned numbers by the department as they may be formed, beginning with the number 57.

(10) Each type of special license plate approved by the legislature, except collegiate license plates authorized in 61-3-463, must be a separate series of plates, numbered as provided in subsection (5), except that the county number must be replaced by a nonremovable design or decal designating the group or organization to which the applicant belongs. Unless otherwise specifically stated in this section, the special plates are subject to the same rules and laws as govern the issuance of regular license plates, must be placed or mounted on a vehicle owned by the person who is eligible to receive them, and must be removed upon sale or other disposition of the vehicle. The special license plates must be issued to national guard members, former prisoners of war, handicapped persons with disabilities, reservists, disabled veterans, survivors of the Pearl Harbor attack, veterans of the armed services, or veterans of the armed services who were awarded the purple heart medal, who comply with the following provisions:

(a)  An active member of the Montana national guard may be issued special license plates with a design or decal displaying the letters "NG". The adjutant general shall issue to each active member of the Montana national guard a certificate authorizing the department to issue national guard plates, numbered in sets of two with a different number on each set, and the member shall surrender the plates to the department upon becoming ineligible to use them.

(b)  An active member of the reserve armed forces of the United States of America who is a resident of this state may be issued special license plates with a design or decal displaying the following: United States army reserve, AR (symbol); United States naval reserve, NR (anchor); United States air force reserve, AFR (symbol); and United States marine corps reserve, MCR (globe and anchor). The commanding officer of each armed forces reserve unit shall issue to each eligible member of the reserve unit a certificate authorizing the issuance of special license plates, numbered in sets of two with a different number on each set. The member shall surrender the plates to the department upon becoming ineligible to use them.

(c)  (i) A resident of Montana who is a veteran of the armed forces of the United States and who is 100% disabled because of an injury that has been determined by the department of veterans affairs to be service-connected may, upon presentation to the department of proof of the 100% disability, be issued:

(A)  a special license plate under this section with a design or decal displaying the letters "DV"; or

(B)  one set of any other military-related plates that the disabled veteran is eligible to receive under this section.

(ii) The fee for original or renewal registration by a 100% disabled veteran for a passenger vehicle or a truck with a GVW-rated capacity of 1 ton or less is $5 and is in lieu of all other fees and taxes for that vehicle under this chapter.

(iii) Special license plates issued to a disabled veteran are not transferable to another person.

(iv) A disabled veteran is not entitled to a special disabled veteran's license plate for more than one vehicle.

(v)  A vehicle lawfully displaying a disabled veteran's plate and that is conveying a 100% disabled veteran is entitled to the parking privileges allowed a handicapped person's person with a disability's vehicle under this title.

(d)  A Montana resident who is a veteran of the armed forces of the United States and was captured and held prisoner by a military force of a foreign nation, documented by the veteran's service record, may upon application and presentation of proof be issued special license plates, numbered in sets of two with a different number on each set, with a design or decal displaying the words "ex-prisoner of war" or an abbreviation that the department considers appropriate.

(e)  Except as provided in subsection (10)(c), upon payment of all taxes and fees required by parts 3 and 5 of this chapter and upon furnishing proof satisfactory to the department that the applicant meets the requirements of this subsection (10)(e), the department shall issue to a Montana resident who is a veteran of the armed services of the United States special license plates, numbered in sets of two with a different number on each set, designed to indicate that the applicant is a survivor of the Pearl Harbor attack if the applicant was a member of the United States armed forces on December 7, 1941, was on station on December 7, 1941, during the hours of 7:55 a.m. to 9:45 a.m. (Hawaii time) at Pearl Harbor, the island of Oahu, or offshore at a distance of not more than 3 miles, and received an honorable discharge from the United States armed forces. If special license plates issued under this subsection are lost, stolen, or mutilated, the recipient of the plates is entitled to replacement plates upon request and without charge.

(f)  A motor vehicle owner and resident of this state who is a veteran or the surviving spouse of a veteran of the armed services of the United States may be issued license plates inscribed as provided in subsection (10)(f)(i) if the veteran was separated from the armed services under other than dishonorable circumstances or was awarded the purple heart medal:

(i)  Upon submission of a department of defense form 214(DD-214) or its successor or documents showing an other-than-dishonorable discharge or a reenlistment, proper identification, and other relevant documents to show an applicant's qualification under this subsection, there must be issued to the applicant, in lieu of the regular license plates prescribed by law, special license plates numbered in sets of two with a different number on each set. The plates must display:

(A)  the word "VETERAN" and a symbol signifying the United States army, United States navy, United States air force, United States marine corps, or United States coast guard, according to the record of service verified in the application; or

(B)  a symbol representing the purple heart medal.

(ii) Plates must be furnished by the department to the county treasurer, who shall issue them to a qualified veteran or to the veteran's surviving spouse. The plates must be placed or mounted on the vehicle owned by the veteran or the veteran's surviving spouse designated in the application and must be removed upon sale or other disposition of the vehicle.

(iii) Except as provided in subsection (10)(c), a veteran or surviving spouse who receives special license plates under this subsection (10)(f) is liable for payment of all taxes and fees required under parts 3 and 4 of this chapter and a special veteran's or purple heart medal license plate fee of $10. Upon an original application for a license under this subsection (10)(f), the county treasurer shall:

(A)  deposit $3 of the special fee in the county general fund;

(B)  remit $1 for deposit in the state general fund; and

(C)  deposit the remainder of the special fee in the state special revenue account established in 10-2-603 for administration, construction, operation, and maintenance of the state veterans' cemetery.

(iv) Upon subsequent annual renewal of registration, the county treasurer shall deposit all of the special fee as provided in subsection (10)(f)(iii)(C).

(g)  A Montana resident who is eligible to receive a special parking permit under 49-4-301 may, upon written application on a form prescribed by the department, be issued a special license plate with a design or decal bearing a representation of a wheelchair as the symbol of the handicapped a person with a disability."



Section 73.  Section 61-3-454, MCA, is amended to read:

"61-3-454.   Special parking privilege. A vehicle lawfully displaying specially inscribed license plates issued under 61-3-332(10)(c)(i)(A) or 61-3-426(2) and conveying a 100% disabled veteran is entitled to the parking privileges allowed a handicapped person's person with a disability's vehicle under 49-4-302."



Section 74.  Section 61-12-504, MCA, is amended to read:

"61-12-504.   Fees for identification cards. (1) Fees not in excess of $8 for identification cards issued pursuant to this part must be collected and deposited in the general fund. A handicapped person with a disability, as defined in 39-30-103, may obtain a free identification card. An individual discharged from any correctional facility must be furnished a free identification card upon release, discharge, or parole.

(2)  Each identification card expires on the anniversary of the date of birth of the holder 4 years after the date of issue."



Section 75.  Section 69-3-307, MCA, is amended to read:

"69-3-307.   Treatment of advertisement costs and contributions. Costs or expenses incurred by public utilities for advertising, transfers of funds without full and adequate consideration, contributions, donations, and gifts may not be treated as expenses deductible from income or from capital assets or in any other manner by the public service commission in setting or regulating rates which that may be charged by the public utilities pursuant to this chapter. This section shall does not apply to advertising which that encourages the conservation of energy or product safety or informs the public of the availability of alternative forms of energy or recommends usage at times of lower rates or lower demand. Furthermore, for communications public utilities, the provisions of this section shall do not apply to advertising which that relates to special equipment that is available to aid the handicapped persons with disabilities or to special services that are designed to protect the public health, welfare, and safety, to promote more efficient use of a communications system, or to promote increased use of regulated communications services."



Section 76.  Section 77-2-318, MCA, is amended to read:

"77-2-318.   Sale of leased cabin or home sites or city or town lots. (1) At the request of the lessee and if consistent with the orderly development and management of state lands, the board may make available for sale, in the manner provided in this part, any leased cabin or home site or city or town lot that was under lease on October 1, 1989.

(2)  The lessee requesting the sale shall have prepared a current certificate of survey for the property. The cost of preparation of the certificate of survey must be included in the settlement for improvements, as provided for in 77-2-325, if a person other than the lessee is the purchaser.

(3)  The sale of a lease is exempt from the subdivision laws, except that the development of any new, replacement, or additional water supply or sewage disposal system on the property must be approved pursuant to the review procedure, fee, and other requirements of Title 76, chapter 4, part 1.

(4)  The sale of a leased cabin or home site or city or town lot under 77-2-318 through 77-2-320 must be completed no later than 10 years after October 1, 1989. A lessee may request a lease sale at any time during the 10-year period. Upon request, the board may grant a handicapped lessee with a disability or a lessee 65 years of age or older an additional 10-year period to request a sale of leased land.

(5)  Upon a sale of leased land, the department shall, upon compliance with 77-2-101 through 77-2-106, grant a permanent easement across state lands to secure access using current routes."



Section 77.  Section 87-2-706, MCA, is amended to read:

"87-2-706.   Drawing for special antelope licenses. (1) In the event that the number of valid applications for special antelope licenses for a hunting district exceeds the quota set by the department for the district, such the licenses shall must be awarded by a drawing. The department shall provide for those persons making valid application for special antelope licenses a method of selecting first, second, and third choice hunting districts for any drawing held pursuant to this section.

(2)  The department shall reserve for applicants who are permanently physically handicapped and nonambulatory and have a permanent physical disability, as determined by the department, up to 25 of the total special antelope licenses authorized for sale in the state, for use in the district designated by the commission. If the number of valid disabled applicants exceeds the number of licenses available, the department may hold a drawing whereby in which all applicants have an equal chance of being selected.

(3)  The department may promulgate such rules and regulations as that are necessary to implement this section."



Section 78.  Section 87-2-803, MCA, is amended to read:

"87-2-803.   Disabled persons Persons with disabilities. (1) Disabled persons Persons with disabilities are entitled to fish and to hunt game birds with only a conservation license if they are residents of Montana not residing in an institution and are certified as disabled as prescribed by departmental rule.

(2)  A resident of Montana who is certified as disabled by the department and who is not residing in an institution may purchase regular resident deer and elk licenses at one-half the fee paid by a resident who is 15 years of age or older and who is under 62 years of age.

(3)  A resident or nonresident disabled person with a disability who is certified as disabled by the department and who is not residing in an institution may carry a permit on a form prescribed by the department. A disabled person with a disability who is issued a permit under this subsection is entitled to have the department stamp the permit with "Permission to Hunt From a Vehicle" if the person establishes to the satisfaction of the department that the person is permanently physically handicapped and nonambulatory and has a permanent physical disability or that the person's mobility is substantially impaired.

(4)  A disabled person with a disability carrying a permit as required in subsection (3), upon which is stamped "Permission to Hunt From a Vehicle", may hunt by shooting a firearm from the shoulder, berm, or barrow pit right-of-way of a public highway, as defined in 61-1-202, except a state or federal highway, or may hunt by shooting a firearm from within a self-propelled or drawn vehicle that is parked on a shoulder, berm, or barrow pit right-of-way in a manner that will not impede traffic or endanger motorists or that is parked in an area, not a public highway, where hunting is permitted. Nothing in this This subsection allows does not allow a disabled person with a disability to shoot across the roadway of any public highway or to hunt on private property without permission of the landowner. A disabled person with a disability who hunts as authorized in this subsection must have a companion to assist in immediately dressing any killed game animal. The companion may also assist the disabled hunter with a disability by hunting a game animal that has been wounded by the disabled hunter with a disability when the disabled hunter with a disability is unable to pursue and kill the wounded game animal. Any vehicle from which a disabled person with a disability is hunting must be conspicuously marked with an orange-colored international symbol of the handicapped persons with disabilities on the front, rear, and each side of the vehicle.

(5)  A resident of Montana who is certified by the department as a blind individual, as defined in 53-7-301, may be issued a lifetime fishing license for the blind upon payment of a one-time fee of $10. The license is valid for the lifetime of the blind individual and allows the licensee to fish as authorized by department rule. An applicant for a license under this subsection need not obtain a wildlife conservation license as a prerequisite to licensure."



Section 79.  Section 90-6-103, MCA, is amended to read:

"90-6-103.   Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1)  "Board" means the board of housing created in 2-15-1814.

(2)  "Bond" means any bonds, notes, debentures, interim certificates, or other evidences of financial indebtedness issued by the board pursuant to this part, including those on which interest payments are taxable and those on which interest payments are tax exempt.

(3)  "Capital reserve account" means the capital reserve account provided for in 90-6-107.

(4)  "Department" means the department of commerce provided for in Title 2, chapter 15, part 18.

(5)  "Federally insured mortgage" means a mortgage loan for land development or residential housing insured or guaranteed by the United States or a governmental agency or instrumentality thereof of the United States or a commitment by the United States or a governmental agency or instrumentalities thereof of the United States to insure such a mortgage.

(6)  "Federally insured security" means an evidence of indebtedness insured or guaranteed as to repayment of principal and interest by the United States or an instrumentality thereof of the United States.

(7)  "Governmental agency" means any department, division, public corporation, public agency, political subdivision, or other public instrumentality of the state, the federal government, any other state or public agency, or any two or more thereof of the entities listed in this subsection.

(8)  "Housing development" means single-family homes, multifamily projects, housing for the elderly projects, nursing home projects, personal care personal-care projects, and any work or undertaking financed in whole or in part under this part for the primary purpose of acquiring, constructing, or rehabilitating such accommodations for persons or families of lower income in need of housing. An undertaking may include any buildings, land, equipment, facilities, or other real or personal properties which that are necessary, convenient, or desirable in connection therewith with a development, including but not limited to streets, sewers, utilities, parks, site preparation, landscaping, and other nonhousing facilities as that the board determines to be necessary, convenient, or desirable.

(9)  "Housing development costs" means the sum total of all costs incurred in a housing development approved by the board as reasonable and necessary, including but not limited to:

(a)  cost of land acquisition and any buildings thereon on the land, including payments for options, deposits, or contracts to purchase properties on the proposed housing development site or payments for the purchase of properties;

(b)  cost of site preparation, demolition, and clearing;

(c)  architectural, engineering, legal, accounting, corporation, and other fees paid or payable in connection with the planning, execution, and financing of the housing development and the finding of an eligible mortgagee or mortgagees for the housing development;

(d)  cost of necessary studies, surveys, plans, and permits;

(e)  insurance, interest, financing, tax and assessment costs, and other operating and carrying costs during construction;

(f)  cost of construction, rehabilitation, reconstruction, fixtures, furnishings, equipment, machinery, apparatus, and similar facilities related to the real property;

(g)  cost of land improvements, including landscaping and offsite improvements, whether or not the costs have been paid in cash or in a form other than cash;

(h)  necessary expenses in connection with initial occupancy of the housing development;

(i)  a reasonable profit and risk fee in addition to job overhead to the general contractor and, if applicable, a limited-profit housing sponsor;

(j)  an allowance established by the board for working capital and contingency reserves and reserves for any anticipated operating deficits during construction and initial occupancy;

(k)  costs cost of other items, including tenant relocation, as that the board determines to be reasonable and necessary for the housing development, less any and all net rents and other net revenues revenue received from the operation of the real and personal property on the development site during the construction.

(10) "Housing sponsor" means individuals, joint ventures, partnerships, limited partnerships, trusts, firms, associations, corporations, governmental agencies, limited-profit housing sponsors, nonprofit corporations, or other legal entities or any combination thereof of the entities listed in this subsection that are:

(a)  approved by the board;

(b)  qualified either to either own, construct, acquire, rehabilitate, operate, manage, or maintain a housing development;

(c)  subject to the rules of the board and other terms and conditions set forth in this part.

(11) "Lending institution" means any public or private entity or governmental agency approved by the board maintaining an office in this state and authorized by law to make or participate in making residential mortgages in the state.

(12) "Limited-profit housing sponsor" means a corporation, trust, partnership, association, other entity, or an individual restricted as to distribution of income and regulated as to rents, charges, rate of return, and methods of operation as the board determines necessary to carry out this part.

(13) "Mortgage" means a mortgage deed, deed of trust, or other instrument which shall constitute that constitutes a valid lien on real property in fee simple or on a leasehold under a lease having a remaining term at the time that the mortgage is acquired, which that does not expire for at least that number of years beyond the maturity date of the obligation secured by the mortgage established by the board as necessary to protect its interest as mortgagee.

(14) "Mortgage loan" means an interest-bearing obligation secured by a mortgage on land and improvements in the state.

(15) "Nonprofit housing sponsor" means a housing cooperative formed under Title 35, chapter 15, or a nonprofit corporation formed under Title 35, chapter 2, restricted as to distribution of income and regulated as to rents, charges, rate of return, and methods of operation as the board determines necessary, and whose articles of incorporation provide in addition that:

(a)  the organization has been organized exclusively to provide housing developments for persons and families of lower income;

(b)  all the income and earnings of the organization shall must be used exclusively for housing development purposes and no part of the net income or net earnings of the organization shall may not inure to the benefit or profit of any private individual, firm, corporation, partnership, or association;

(c)  the organization is in no manner controlled or under the direction or acting in the substantial interest of any private individual, firm, partnership, or association seeking to derive profit or gain therefrom from the organization or seeking to eliminate or minimize losses in any transactions therewith with the organization, except that the limitations shall apply to members of a cooperative only to the extent provided by rules of the board;

(d)  the operations of the organization may be supervised by the board and the organization will enter into agreements with the board to regulate planning, development, and management of any housing development undertaken by the organization and the disposition of the property or other interests of the organization.

(16) "Persons and families of lower income" means persons and families with insufficient personal or family income or other financial resources who require assistance under this part, as determined by the board, taking into consideration:

(a)  the amount of the total personal and family income, assets, and other financial resources available for housing needs;

(b)  the size of the family;

(c)  the eligibility of persons and families under federal housing assistance of any type based on lower income or a functional or physical disability;

(d)  the ability of persons and families to compete successfully in the normal housing market and to pay the amount at which private enterprise is providing decent, safe, and sanitary housing;

(e)  the availability and cost of housing in particular areas; and

(f)  needs of particular persons or families due to because of age or physical handicaps disabilities.

(17) "Rehabilitation" means the repair, reconstruction, or improvement of an existing structure to provide decent, safe, and sanitary housing or to conform housing with state or local health, building, fire prevention, and safety codes as determined by the board."



Section 80.  Section 90-7-104, MCA, is amended to read:

"90-7-104.   Eligible health facility. (1) Eligible health facility means any structure or building used as a hospital, clinic, nursing home, or other health care facility as defined in 50-5-101; center facilities for persons with developmental disabilities; center for the handicapped; chemical dependency treatment center facilities; nursing school; medical teaching facility; laboratory; dental care facility; or other structure or facility related to any of the foregoing or required or useful for the operation of a health facility. These related facilities include supporting service structures and all necessary, useful, and related equipment, furnishings, and appurtenances and include without limitation the acquisition, preparation, and development of all lands and real and personal property necessary or convenient as a site for any of the foregoing.

(2)  An eligible health facility does not include such items as food, fuel, supplies, or other items that are customarily considered as current operating expenses; and eligible health facility does not include a structure used or to be used primarily for sectarian instruction or study or as a place for devotional activities or religious worship."

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