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HOUSE DOCKET, NO. 3878 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 143
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Michael S. Day
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to promote employment for people with disabilities.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Michael S. Day31st Middlesex1/20/2023 1 of 8
HOUSE DOCKET, NO. 3878 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 143
By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 143) of
Michael S. Day for legislation to promote employment for people with disabilities. Children,
Families and Persons with Disabilities.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 198 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act to promote employment for people with disabilities.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1.
2 Short Title.
3 Sections I through 7 of this act may be cited as the "State Use Act to Promote
4Employment for People with Disabilities".
5 SECTION 2. Purpose.
6 The purpose of the State Use Act is to encourage and assist persons with disabilities
7 to achieve maximum personal independence through useful and productive employment
8by ensuring an expanded and constant market for services delivered by persons with disabilities, 2 of 8
9thereby enhancing their dignity and capacity for self-support and minimizing their dependence
10on welfare and entitlements.
11 SECTION 3. Definitions.
12 A. "central nonprofit agency" means a nonprofit agency approved pursuant to rules of the
13council
14 to facilitate the equitable distribution of orders for the services of:
15 (1) qualified individuals; and
16 (2) community rehabilitation programs;
17 B. "community rehabilitation program" means a nonprofit entity:
18 (1) that is organized under the laws of the United States or this state, operated in the
19interest of persons with disabilities and operated so that no part of the income of which inures to
20the benefit of any shareholder or other person;
21 (2) that complies with applicable occupational health and safety standards as required by
22 federal or state law; and
23 (3) that, in the provision of services, whether or not procured under the State Use Act,
24employs during the state fiscal year at least 75% persons with disabilities in direct labor for the
25provision of services;
26 C. "council” means the Commonwealth of Massachusetts council for purchasing from
27persons with disabilities; 3 of 8
28 D. "direct labor" means all work directly relating to the provision of services, but not
29work required for or relating to supervision, administration or inspection;
30 E. "local public body" means a political subdivision of the state and the political
31subdivision's
32 agencies, instrumentalities and institutions;
33 F. "persons with disabilities" means persons who have a mental or physical impairment
34that constitutes or results in a substantial impediment to employment as deemed by the federal
35Rehabilitation Act of 1973;
36 G. "qualified individual" means a person with a disability who is a business owner, or a
37business
38 that is primarily owned and operated by persons with disabilities that employs at least
3975% persons with disabilities in the provision of direct labor, which has been approved by the
40council to provide services to state agencies and local public bodies. A person who is receiving
41services pursuant to an individualized plan of employment from the vocational rehabilitation
42division of the public education department or from the commission for the blind shall be
43presumed to be a person with disability, as shall a person who is receiving supplemental security
44income or social security benefits based on disability;
45 H. "state agency" means a department, commission, council, board, committee,
46institution, legislative body, agency, government corporation, educational institution or official
47of the executive, legislative or judicial branch of government of this state; and 4 of 8
48 I. "state purchasing agent" means the director of the purchasing division of the general
49services department.
50 SECTION 4. Council for purchasing from persons with disabilities; appointment;
51organization.
52 A. The "Commonwealth of Massachusetts council for purchasing from persons with
53disabilities" is created. The council shall be composed of the following nine members:
54 (1) the state purchasing agent or the agent's designee;
55 (2) two persons, appointed by the governor, who represent state agencies that purchase
56significant amounts of goods and services from the private sector, or their designees;
57 (3) a person, appointed by the governor, who is a state-employed vocational rehabilitation
58counselor and who is familiar with employment needs of persons with disabilities and with
59current pricing and marketing of goodsanp services; and (4) two persons with disabilities, a
60person who is familiar with employment needs of persons with disabilities and with current
61pricing and marketing of goods and services and two persons who represent community
62rehabilitation programs that provide employment services to persons with disabilities, all
63selected by mutual agreement of the persons appointed in Paragraphs (I), (2) and (3) of this
64subsection.
65 B. Council members shall be appointed for three-year terms. Vacancies shall be filled in
66the same manner as for original appointments. A member appointed to fill a vacancy shall serve
67for the remainder of the term for that vacancy. Council members shall continue to serve beyond
68the expiration of their terms until new members are appointed. 5 of 8
69 C. The council shall elect a chair from among its members. Seven members of the
70council shall constitute a quorum in order to conduct the council's business.
71 D. Except for the regular pay of public employee members, council members shall serve
72without compensation or cost reimbursement.
73 SECTION 5. Authority and duties of the council; rules.
74 A. The council shall adopt rules in accordance with the procedures that:
75 (1) determine which services provided by persons with disabilities are suitable for sale to
76state agencies and local public bodies;
77 (2) establish, maintain and publish a list of all the services identified in Paragraph (1) of
78this subsection. The council shall periodically review and revise this list as products or services
79are added or removed. The council shall make the list available to all purchasing officials of state
80agencies and local public bodies;
81 (3) verify the fair market prices of the services identified in Paragraph (1) of this
82subsection and periodically revise the fair market prices in accordance with changing market
83conditions to ensure that services offer the best value for state agencies and local public bodies.
84In verifying the fair market value of services, the council shall consider amounts being paid for
85similar services purchased by the federal government, the state and local public bodies and by
86private businesses, and the actual cost of performing
87 the services at a community rehabilitation program, taking into consideration the benefits
88associated with employing persons with disabilities; 6 of 8
89 (4) establish a procedure to certify eligible community rehabilitation programs and
90qualified individuals that have services suitable for procurement by state agencies and local
91public bodies that will be placed on the list established in Paragraph (2) of this subsection;
92 (5) establish a procedure for approval of a central nonprofit agency that shall hold
93contracts, facilitate the equitable distribution of orders for services to be procured by state
94agencies and local public bodies and market approved services to state agencies and local public
95bodies;
96 (6) establish procedures for the operation of the approved central nonprofit agency,
97including a fee structure for its services;
98 (7) address any other matter necessary to the proper administration of the State Use Act;
99and
100 (8) ensure that the work provides opportunities for integration with nondisabled persons,
101fair pay and adds value to the service provided.
102 B. The council shall, not later than one hundred eighty days following the close of each
103fiscal year, submit to the governor, the legislature and each community rehabilitation program a
104report that includes the names of the council members serving during the preceding fiscal year,
105the dates of council meetings during that year and any recommendations for changes to the State
106Use Act.
107 SECTION 6. Procurement by state agencies and local public bodies; cooperative
108agreements. 7 of 8
109 A. A state agency or local public body intending to procure a service on a list published
110by the council shall, in accordance with rules of the council, procure the service at the price
111established by the council if the service is available within the period required by the state
112agency or local public body. Procurement pursuant to the State Use Act is exempt from the
113provisions of the Procurement Code.
114 B. The council and a state agency or local public body may enter into a cooperative
115agreement for
116 effective coordination of the objectives of the State Use Act and any other law requiring
117procurement of services from a state agency or local public body.
118 SECTION 7. Supplies manufactured and services performed by persons with disabilities.
119 A. Contracts for supplies manufactured by and services performed by persons with
120disabilities shall be entered into in accordance with this section without the requirement for
121competitive bidding. Persons with disabilities must make an appreciable contribution in
122manufacturing an item or performing a service.
123 B. When the Commonwealth enters into a contract under this section with a cost
124exceeding $300,000 per year, the department, in cooperation with the purchasing agency, shall
125conduct an annual review to confirm compliance with the contract and the requirements of this
126section. The annual review shall include, but not be limited to, an assessment of all requirements
127related to appreciable contribution. If the department, in cooperation with the purchasing agency,
128determines that persons with disabilities are not making an appreciable contribution in the
129manufacturing of an item or the performance of a service or an agency for persons with
130disabilities is not in compliance with other requirements of this section, the department shall give 8 of 8
131an agency for persons with disabilities 45 days in which to remedy the deficiency. If the agency
132for persons with disabilities fails to remedy the deficiency within 45 days, the agency for persons
133with disabilities shall be deemed to be in noncompliance with the contract, and the purchasing
134agency may terminate the contract and seek to procure the item or service through a competitive
135bidding process. Nothing in this section shall preclude a purchasing agency from procuring an
136item or service through an emergency contract when an agency for persons with disabilities is
137deemed to be in noncompliance.