Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H143 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3878 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 143
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael S. Day
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to promote employment for people with disabilities.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Michael S. Day31st Middlesex1/20/2023 1 of 8
16	16	HOUSE DOCKET, NO. 3878 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 143
18	18	By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 143) of
19	19	Michael S. Day for legislation to promote employment for people with disabilities. Children,
20	20	Families and Persons with Disabilities.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 198 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act to promote employment for people with disabilities.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1.
32	32	2 Short Title.
33	33	3 Sections I through 7 of this act may be cited as the "State Use Act to Promote
34	34	4Employment for People with Disabilities".
35	35	5 SECTION 2. Purpose.
36	36	6 The purpose of the State Use Act is to encourage and assist persons with disabilities
37	37	7 to achieve maximum personal independence through useful and productive employment
38	38	8by ensuring an expanded and constant market for services delivered by persons with disabilities, 2 of 8
39	39	9thereby enhancing their dignity and capacity for self-support and minimizing their dependence
40	40	10on welfare and entitlements.
41	41	11 SECTION 3. Definitions.
42	42	12 A. "central nonprofit agency" means a nonprofit agency approved pursuant to rules of the
43	43	13council
44	44	14 to facilitate the equitable distribution of orders for the services of:
45	45	15 (1) qualified individuals; and
46	46	16 (2) community rehabilitation programs;
47	47	17 B. "community rehabilitation program" means a nonprofit entity:
48	48	18 (1) that is organized under the laws of the United States or this state, operated in the
49	49	19interest of persons with disabilities and operated so that no part of the income of which inures to
50	50	20the benefit of any shareholder or other person;
51	51	21 (2) that complies with applicable occupational health and safety standards as required by
52	52	22 federal or state law; and
53	53	23 (3) that, in the provision of services, whether or not procured under the State Use Act,
54	54	24employs during the state fiscal year at least 75% persons with disabilities in direct labor for the
55	55	25provision of services;
56	56	26 C. "council” means the Commonwealth of Massachusetts council for purchasing from
57	57	27persons with disabilities; 3 of 8
58	58	28 D. "direct labor" means all work directly relating to the provision of services, but not
59	59	29work required for or relating to supervision, administration or inspection;
60	60	30 E. "local public body" means a political subdivision of the state and the political
61	61	31subdivision's
62	62	32 agencies, instrumentalities and institutions;
63	63	33 F. "persons with disabilities" means persons who have a mental or physical impairment
64	64	34that constitutes or results in a substantial impediment to employment as deemed by the federal
65	65	35Rehabilitation Act of 1973;
66	66	36 G. "qualified individual" means a person with a disability who is a business owner, or a
67	67	37business
68	68	38 that is primarily owned and operated by persons with disabilities that employs at least
69	69	3975% persons with disabilities in the provision of direct labor, which has been approved by the
70	70	40council to provide services to state agencies and local public bodies. A person who is receiving
71	71	41services pursuant to an individualized plan of employment from the vocational rehabilitation
72	72	42division of the public education department or from the commission for the blind shall be
73	73	43presumed to be a person with disability, as shall a person who is receiving supplemental security
74	74	44income or social security benefits based on disability;
75	75	45 H. "state agency" means a department, commission, council, board, committee,
76	76	46institution, legislative body, agency, government corporation, educational institution or official
77	77	47of the executive, legislative or judicial branch of government of this state; and 4 of 8
78	78	48 I. "state purchasing agent" means the director of the purchasing division of the general
79	79	49services department.
80	80	50 SECTION 4. Council for purchasing from persons with disabilities; appointment;
81	81	51organization.
82	82	52 A. The "Commonwealth of Massachusetts council for purchasing from persons with
83	83	53disabilities" is created. The council shall be composed of the following nine members:
84	84	54 (1) the state purchasing agent or the agent's designee;
85	85	55 (2) two persons, appointed by the governor, who represent state agencies that purchase
86	86	56significant amounts of goods and services from the private sector, or their designees;
87	87	57 (3) a person, appointed by the governor, who is a state-employed vocational rehabilitation
88	88	58counselor and who is familiar with employment needs of persons with disabilities and with
89	89	59current pricing and marketing of goodsanp services; and (4) two persons with disabilities, a
90	90	60person who is familiar with employment needs of persons with disabilities and with current
91	91	61pricing and marketing of goods and services and two persons who represent community
92	92	62rehabilitation programs that provide employment services to persons with disabilities, all
93	93	63selected by mutual agreement of the persons appointed in Paragraphs (I), (2) and (3) of this
94	94	64subsection.
95	95	65 B. Council members shall be appointed for three-year terms. Vacancies shall be filled in
96	96	66the same manner as for original appointments. A member appointed to fill a vacancy shall serve
97	97	67for the remainder of the term for that vacancy. Council members shall continue to serve beyond
98	98	68the expiration of their terms until new members are appointed. 5 of 8
99	99	69 C. The council shall elect a chair from among its members. Seven members of the
100	100	70council shall constitute a quorum in order to conduct the council's business.
101	101	71 D. Except for the regular pay of public employee members, council members shall serve
102	102	72without compensation or cost reimbursement.
103	103	73 SECTION 5. Authority and duties of the council; rules.
104	104	74 A. The council shall adopt rules in accordance with the procedures that:
105	105	75 (1) determine which services provided by persons with disabilities are suitable for sale to
106	106	76state agencies and local public bodies;
107	107	77 (2) establish, maintain and publish a list of all the services identified in Paragraph (1) of
108	108	78this subsection. The council shall periodically review and revise this list as products or services
109	109	79are added or removed. The council shall make the list available to all purchasing officials of state
110	110	80agencies and local public bodies;
111	111	81 (3) verify the fair market prices of the services identified in Paragraph (1) of this
112	112	82subsection and periodically revise the fair market prices in accordance with changing market
113	113	83conditions to ensure that services offer the best value for state agencies and local public bodies.
114	114	84In verifying the fair market value of services, the council shall consider amounts being paid for
115	115	85similar services purchased by the federal government, the state and local public bodies and by
116	116	86private businesses, and the actual cost of performing
117	117	87 the services at a community rehabilitation program, taking into consideration the benefits
118	118	88associated with employing persons with disabilities; 6 of 8
119	119	89 (4) establish a procedure to certify eligible community rehabilitation programs and
120	120	90qualified individuals that have services suitable for procurement by state agencies and local
121	121	91public bodies that will be placed on the list established in Paragraph (2) of this subsection;
122	122	92 (5) establish a procedure for approval of a central nonprofit agency that shall hold
123	123	93contracts, facilitate the equitable distribution of orders for services to be procured by state
124	124	94agencies and local public bodies and market approved services to state agencies and local public
125	125	95bodies;
126	126	96 (6) establish procedures for the operation of the approved central nonprofit agency,
127	127	97including a fee structure for its services;
128	128	98 (7) address any other matter necessary to the proper administration of the State Use Act;
129	129	99and
130	130	100 (8) ensure that the work provides opportunities for integration with nondisabled persons,
131	131	101fair pay and adds value to the service provided.
132	132	102 B. The council shall, not later than one hundred eighty days following the close of each
133	133	103fiscal year, submit to the governor, the legislature and each community rehabilitation program a
134	134	104report that includes the names of the council members serving during the preceding fiscal year,
135	135	105the dates of council meetings during that year and any recommendations for changes to the State
136	136	106Use Act.
137	137	107 SECTION 6. Procurement by state agencies and local public bodies; cooperative
138	138	108agreements. 7 of 8
139	139	109 A. A state agency or local public body intending to procure a service on a list published
140	140	110by the council shall, in accordance with rules of the council, procure the service at the price
141	141	111established by the council if the service is available within the period required by the state
142	142	112agency or local public body. Procurement pursuant to the State Use Act is exempt from the
143	143	113provisions of the Procurement Code.
144	144	114 B. The council and a state agency or local public body may enter into a cooperative
145	145	115agreement for
146	146	116 effective coordination of the objectives of the State Use Act and any other law requiring
147	147	117procurement of services from a state agency or local public body.
148	148	118 SECTION 7. Supplies manufactured and services performed by persons with disabilities.
149	149	119 A. Contracts for supplies manufactured by and services performed by persons with
150	150	120disabilities shall be entered into in accordance with this section without the requirement for
151	151	121competitive bidding. Persons with disabilities must make an appreciable contribution in
152	152	122manufacturing an item or performing a service.
153	153	123 B. When the Commonwealth enters into a contract under this section with a cost
154	154	124exceeding $300,000 per year, the department, in cooperation with the purchasing agency, shall
155	155	125conduct an annual review to confirm compliance with the contract and the requirements of this
156	156	126section. The annual review shall include, but not be limited to, an assessment of all requirements
157	157	127related to appreciable contribution. If the department, in cooperation with the purchasing agency,
158	158	128determines that persons with disabilities are not making an appreciable contribution in the
159	159	129manufacturing of an item or the performance of a service or an agency for persons with
160	160	130disabilities is not in compliance with other requirements of this section, the department shall give 8 of 8
161	161	131an agency for persons with disabilities 45 days in which to remedy the deficiency. If the agency
162	162	132for persons with disabilities fails to remedy the deficiency within 45 days, the agency for persons
163	163	133with disabilities shall be deemed to be in noncompliance with the contract, and the purchasing
164	164	134agency may terminate the contract and seek to procure the item or service through a competitive
165	165	135bidding process. Nothing in this section shall preclude a purchasing agency from procuring an
166	166	136item or service through an emergency contract when an agency for persons with disabilities is
167	167	137deemed to be in noncompliance.