Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H151 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. 3136 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 151
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Daniel M. Donahue
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 improving accessibility in the creative economy.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Daniel M. Donahue16th Worcester1/20/2023Vanna Howard17th Middlesex2/17/2023Jacob R. OliveiraHampden, Hampshire and Worcester2/17/2023 1 of 3
16	16	HOUSE DOCKET, NO. 3136 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 151
18	18	By Representative Donahue of Worcester, a petition (accompanied by bill, House, No. 151) of
19	19	Daniel M. Donahue, Vanna Howard and Jacob R. Oliveira relative to the establishment of an
20	20	accessibility in the creative economy (ACE) grant program to be administered by the Office on
21	21	Disability. Children, Families and Persons with Disabilities.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act improving accessibility in the creative economy.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 6 Section 186 of the General Laws is hereby amended by adding
31	31	2the following section:-
32	32	3 Section 1 (a). There shall be established and set up on the books of the commonwealth a
33	33	4separate fund, upon passage of this legislation, to be known as the Accessibility in the Creative
34	34	5Economy (ACE) grant program, to be administered by the office on disability for the purposes of
35	35	6supporting capital improvements and projects to improve programmatic access and or remove
36	36	7barriers encountered by persons with disabilities in applicant for-profit, non-profit and public
37	37	8organizations throughout the Commonwealth that are part of the arts, humanities and interpretive
38	38	9sciences sector.
39	39	10 (b) The fund shall be held in trust by the office on disability exclusively for the purposes
40	40	11established in section (a). The fund shall be administered by the office on disability, which will 2 of 3
41	41	12serve as treasurer and custodian of the fund and shall have the custody of its monies and
42	42	13securities, in consultation with the board established in section (c). As custodian of the fund, the
43	43	14office on disability may accept monetary donations to the fund from individuals, organizations,
44	44	15associations, nonprofits, businesses, estates, foundations or other entities. Under this program, no
45	45	16less than half of one per cent of the funds appropriated for the executive office of health and
46	46	17human services shall be designated for the ACE grant program.
47	47	18 In addition to the funds referenced above, the fund shall also include: (i) income derived
48	48	19from the investment of any amounts credited to the fund; and (ii) all other monies credited to or
49	49	20transferred to the fund from any other fund or source. The comptroller may certify amounts for
50	50	21payment in anticipation of expected receipts; provided, however, that no expenditure shall be
51	51	22made from the fund that shall cause the fund to be deficient at the close of a fiscal year. Amounts
52	52	23credited to the fund shall be available for expenditure, without further appropriation, by the
53	53	24office on disability, and any money remaining in the fund shall not revert to the general fund and
54	54	25may be used in subsequent fiscal years for investments including, but not limited to supporting
55	55	26capital improvements and projects to improve programmatic access and or remove barriers
56	56	27encountered by persons with disabilities in applicant for-profit, non-profit and public arts,
57	57	28humanities and interpretive science organizations throughout the Commonwealth.
58	58	29 (c) There shall be a board consisting of a majority of individuals with disabilities and
59	59	30individuals with experience advocating on behalf of individuals with disabilities. The board shall
60	60	31consist of: 3 persons appointed by the governor, 2 persons appointed by the speaker of the house
61	61	32of representatives; 2 persons appointed by the senate president; the director of the office on
62	62	33disability or a designee, the managing director of open door arts or a designee; 1 person from the
63	63	34disability law center, and the executive director of mass cultural council or a designee. 3 of 3
64	64	35 (d) The board shall make recommendations to the office on disability on the criteria for
65	65	36making grants available to communities and organizations. Eligible uses shall include, but not be
66	66	37limited to: (i) training or comprehensive support for for-profit, non-profit and public
67	67	38organizations providing creative services; (ii) individualized consulting services created and led
68	68	39by members of the disabilities community; (iii) capital improvements specifically dedicated to
69	69	40improving programmatic access or removing barriers encountered by persons with disabilities in
70	70	41applicant facilities, including but not limited to increasing both physical access and
71	71	42programmatic access through the addition of features such as ramps, elevators, power lifts and
72	72	43limited use/limited application (LULAs) signage, communication access devices, curb cuts or
73	73	44any other features that are designed to improve architectural access or programmatic access; (iv)
74	74	45planning for updating or creating a self-evaluation or transition plan as required under the
75	75	46Administrative Requirements of Title III of the ADA; and (v) in selecting applicant
76	76	47organizations for capital or projects, the board shall give preference to artists residing in the
77	77	48commonwealth. Grants will be awarded on a competitive basis to projects that demonstrate real
78	78	49and tangible positive impacts to persons with disabilities. The distribution of grants from the
79	79	50fund shall consider racial diversity and equity, geographic diversity, and programmatic diversity
80	80	51within the cultural sector.
81	81	52 (e) The board shall submit an annual report to the director of the office on disability, the
82	82	53house and senate committees on ways and means, the joint committee on tourism, arts and
83	83	54cultural development, and the joint committee on children, families and persons with disabilities
84	84	55no later than December 31 detailing the expenditure of the funds, including the amount of
85	85	56assistance provided to qualified organizations and a list of grant recipients. Said report shall also
86	86	57include the unexpended balance of the fund. This report shall be considered a public record.