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