State of South Dakota  
EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012  

751T0142   SENATE BILL   NO.  131  
                                                
Introduced by:    Senator Lederman and Representative Miller
 

        FOR AN ACT ENTITLED, An Act to expand the definition of a developmental disability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 27B-1-18 be amended to read as follows:
    27B-1-18. A developmental disability is any severe, chronic disability of a person that:
            (1)    Is attributable to a mental or physical impairment or combination of mental and physical impairments;
            (2)    Is manifested before the person attains age twenty-two;
            (3)    Is likely to continue indefinitely;
            (4)    Results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic self-sufficiency or, results in one or more functional limitations so substantial that, without assistance, the person would be unable to care for oneself on a daily basis, would pose a danger to others, or would pose a danger to self; and
            (5)    Reflects the person's need for an array of generic services, met through a system of

individualized planning and supports over an extended time, including those of a life-long duration.
    Section 2. That § 27B-2-23 be amended to read as follows:
    27B-2-23. Any person with a developmental disability or any other interested person may make application for department services by contacting in person or in writing any official state or field office of the Department of Human Services and participating in an evaluation which may include mental, physical, and or educational assessments so that the department may determine if services are needed. The department shall consider an applicant's overall ability to care for oneself without assistance when determining if services are needed.