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Each Probate Judge, Sheriff, District Court Clerk, the
Clerk and Register of the Circuit Court, County Commission Chairman and Municipal Clerk is
required by law to preserve this slip or pamphlet in a book kept in his office until the
Act is published in permanent form.
ALABAMA LAW
(Regular Session, 1997)
______________
Act No. 97-421
S. 157 - Senator Mitchell
AN ACT
To amend Sections 38-9A-1, 38-9A-2, 38-9A-3, 38-9A-4,
38-9A-5, and 38-9A-6, Code of Alabama 1975, relating to the program for in-home services
and equipment for persons with developmental disabilities to continue and further provide
for the operation and funding of the program; to provide for tax exemption from all
municipal and county sales and use taxes; and to amend Section 9 of Act 93-334, S. 421,
1993 Regular Session, relating to termination so as to make the services and program
permanent.
Be It Enacted by the Legislature of Alabama:
Section 1. Sections 38-9A-1 to 38-9A-6, inclusive,
Code of Alabama 1975, are amended to read as follows:
"38-9A-1.
"As used in this chapter, the following definitions shall have the following
meanings, respectively, unless the context clearly indicates otherwise:
"(a) ADULT. An individual 18 years of age or older
with a developmental disability.
"(b) AGENCY. Any public state agency, including, but
not limited to, the Department of Mental Health and Mental Retardation, Department of
Public Health, and Department of Education.
"(c) CHILD. An individual under the age of 18 who has
a developmental disability or who is at risk for a developmental disability. A child under
the age of six is considered at risk for a developmental disability if the child has
substantial developmental delay or specific congenital or acquired condition that has a
high probability of resulting in a developmental disability if services are not provided.
"(d) COMMUNITY COUNCIL. A local council composed of
people with a developmental disability and their facility members who supervise the
implementation of the program in its designated community consistently with the policies
and procedures of the regional council.
"(e) DEVELOPMENTAL DISABILITY. A severe chronic
disability of a person that:
"(1) Is attributable to a mental or physical impairment
or a combination of mental and physical impairments.
"(2) Is manifested before the person attains the age
of 22, except in the case of traumatic brain injury in which age is not a factor.
"(3) Is likely to continue indefinitely.
"(4) Results in a substantial functional limitation in
three or more of the following major life activities:
"a. Capacity for independent living.
"b. Economic self-sufficiency.
"c. Learning.
"d. Mobility.
"e. Receptive and expressive language.
"f. Self care.
"g. Self-direction.
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