Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4161 Compare Versions

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1	1	1 of 2
2	2	HOUSE DOCKET, NO. 4666 FILED ON: 11/2/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 4161
4	4	OFFICE OF THE GOVERNOR
5	5	COMMONWEALTH OF MASSACHUSETTS
6	6	STATE HOUSE · BOSTON, MA 02133
7	7	(617) 725-4000
8	8	MAURA T. HEALEY
9	9	GOVERNOR
10	10	KIMBERLEY DRISCOLL
11	11	LIEUTENANT GOVERNOR
12	12	November 2, 2023
13	13	To the Honorable Senate and House of Representatives,
14	14	I am filing for your consideration a bill entitled, “An Act to Rename the Massachusetts
15	15	Rehabilitation Commission, MassAbility, in order to Reflect the Self Determination and
16	16	Limitless Possibilities of People with Disabilities.”
17	17	For many decades, people with disabilities have challenged mainstream culture to
18	18	recognize disability not as the whole of who they are, but as one important aspect of their lives.
19	19	This movement has inspired the Massachusetts Rehabilitation Commission (MRC) since its
20	20	inception in 1956, shaping the values and programs of an agency committed to breaking down
21	21	social barriers and expanding what is possible for people with disabilities across the
22	22	Commonwealth.
23	23	Since 1956, MRC has provided vocational rehabilitation, job placement, independent
24	24	living, and community-based services to empower and support people with disabilities to live life
25	25	on their own terms, with equal rights, diversity, and accessibility as the priority. MRC currently
26	26	serves approximately 20,000 individuals within the Commonwealth and is leading innovation
27	27	through the NextGen program, a STEM focused rapid employment model for young adults with
28	28	disabilities.
29	29	While expressing pride in MRC’s work and mission, members of the disability
30	30	community have also long expressed concern with MRC’s name. The term “rehabilitation” has
31	31	come to carry connotations that can feel stigmatizing or misleading. I believe that the name
32	32	MassAbility is best suited not only to represent the values and mission of the agency, but to
33	33	embody the self-determination, competence, and potential for success intrinsic to all people with
34	34	disabilities. 2 of 2
35	35	This legislation changes the name of the Massachusetts Rehabilitation Commission to
36	36	MassAbility and removes uses of the term “handicap,” “handicapped,” and “retarded,” replacing
37	37	them with “barrier,” “person with a disability,” and “person with intellectual disabilities.” The
38	38	legislation further repeals G.L. c. 6 § 78A, providing for the administration of an antiquated, and
39	39	now non-existent, program for extended sheltered employment for people with disabilities.
40	40	MassAbility is more than just a new name. It is an opportunity to demonstrate our
41	41	commitment to tearing down systemic barriers for people with disabilities in the workforce and
42	42	in our communities. Changing the words we use when we speak about disability is one more step
43	43	toward building more inclusive and equitable communities that amplify the inherent worth and
44	44	potential of all their members.
45	45	For all these reasons, I urge your favorable consideration of this legislation.
46	46	Respectfully submitted,
47	47	Maura T. Healey,
48	48	Governor 1 of 13
49	49	HOUSE . . . . . . . . . . . . . . . No. 4161
50	50	The Commonwealth of Massachusetts
51	51	_______________
52	52	In the One Hundred and Ninety-Third General Court
53	53	(2023-2024)
54	54	_______________
55	55	An Act to rename the Massachusetts Rehabilitation Commission, Massability, to reflect the self-
56	56	determination and limitless possibilities of people with disabilities.
57	57	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
58	58	promote equity and increase opportunities for persons with disabilities by renaming the
59	59	commission and updating language used to more accurately reflect the values and core mission
60	60	of the agency, therefore it is hereby declared to be an emergency law, necessary for the
61	61	immediate preservation of the public convenience.
62	62	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
63	63	of the same, as follows:
64	64	1 SECTION 1. Section 17 of chapter 6 of the General Laws, as appearing in the 2022
65	65	2Official Edition, is hereby amended by striking out, in line 13, the words “Massachusetts
66	66	3Rehabilitation Commission” and inserting in place thereof the following word:- MassAbility.
67	67	4 SECTION 2. Section 74 of chapter 6 of the General Laws, as so appearing, is hereby
68	68	5amended by striking out the title and inserting in place thereof the following title:- MassAbility;
69	69	6establishment; expenditure of funds.
70	70	7 SECTION 3. Said section 74 of chapter 6, as so appearing, is hereby further amended by
71	71	8striking out, in lines 2, 6, and 9, the word “handicapped persons” and inserting in place thereof,
72	72	9in each instance, the following: persons with disabilities. 2 of 13
73	73	10 SECTION 4. Said section 74 of chapter 6, as so appearing, is hereby further amended by
74	74	11striking out, in lines 2 to 3, the words “Massachusetts Rehabilitation Commission” and inserting
75	75	12in place thereof the following word:- MassAbility.
76	76	13 SECTION 5. Section 75 of chapter 6 of the General Laws, as so appearing, is hereby
77	77	14amended by striking out the title and inserting in place thereof the following title:- MassAbility;
78	78	15commissioner; employees; other offices.
79	79	16 SECTION 6. Said section 75 of chapter 6, as so appearing, is hereby further amended by
80	80	17striking out, in line 2, the word “rehabilitation” and inserting in place thereof the following
81	81	18word:- MassAbility.
82	82	19 SECTION 7. Said section 75 of chapter 6, as so appearing, is hereby further amended by
83	83	20striking out, in lines 10, 79, and 88, the word “he” and inserting in place thereof, in each
84	84	21instance, the following word:- they.
85	85	22 SECTION 8. Said section 75 of chapter 6, as so appearing, is hereby further amended by
86	86	23striking out, in lines 10, 11, 79, 80, and 82, the word “his” and inserting in place thereof, in each
87	87	24instance, the following word: “their”
88	88	25 SECTION 9. Said section 75 of chapter 6, as so appearing, is hereby further amended by
89	89	26striking out, in line 85, the word “him” and inserting in place thereof the following word:- them.
90	90	27 SECTION 10. Section 76 of chapter 6 of the General Laws, as so appearing, is hereby
91	91	28amended by striking out the title and inserting in place thereof the following title:- MassAbility;
92	92	29advisory council. 3 of 13
93	93	30 SECTION 11. Said section 76 of chapter 6, as so appearing, is hereby further amended by
94	94	31striking out, in line 7, the word “handicaps” and inserting in place thereof the following words:-
95	95	32a disability.
96	96	33 SECTION 12. Said section 76 of chapter 6, as so appearing, is hereby further amended by
97	97	34striking out, in line 11, the word “his” and inserting in place thereof the following word:- their.
98	98	35 SECTION 13. Section 77 of chapter 6 of the General Laws, as so appearing, is hereby
99	99	36amended by striking out the title and inserting in place thereof the following title:- MassAbility;
100	100	37definitions applicable to Secs. 74 to 84.
101	101	38 SECTION 14. Said section 77 of chapter 6, as so appearing, is hereby further amended by
102	102	39striking out, in lines 5, 19, 34, and 58 the words “handicapped individual” and inserting in place
103	103	40thereof, in each instance, the following words:- person with a disability.
104	104	41 SECTION 15. Said section 77 of chapter 6, as so appearing, is hereby further amended by
105	105	42striking out, in line 17 the words “handicapped individual’s” and inserting in place thereof, in
106	106	43each instance, the following words:- person’s with a disability.
107	107	44 SECTION 16. Said section 77 of chapter 6, as so appearing, is hereby further amended by
108	108	45striking out, in lines 25, 29 to 30, and 38 the words “handicapped individuals” and inserting in
109	109	46place thereof, in each instance, the following words:- persons with disabilities.
110	110	47 SECTION 17. Said section 77 of chapter 6, as so appearing, is hereby further amended by
111	111	48striking out, in line 45, the word “handicapped” and inserting in place thereof the following
112	112	49words:- person with a disability. 4 of 13
113	113	50 SECTION 18. Said section 77 of chapter 6, as so appearing, is hereby further amended by
114	114	51striking out, in line 49, the words “Handicapped person” and inserting in place thereof the
115	115	52following words:- Person with a disability.
116	116	53 SECTION 19. Said section 77 of chapter 6, as so appearing, is hereby further amended by
117	117	54striking out, in line 51, the word “handicap” and inserting in place thereof the following word:-
118	118	55barrier.
119	119	56 SECTION 20. Said section 77 of chapter 6, as so appearing, is hereby further amended by
120	120	57striking out, in lines 34, 53, and 59, the word “his” and inserting in place thereof, in each
121	121	58instance, the following word:- their.
122	122	59 SECTION 21. Said section 77 of chapter 6, as so appearing, is hereby further amended by
123	123	60striking out lines 42 to 48.
124	124	61 SECTION 22. Section 78 of chapter 6 of the General Laws, as so appearing, is hereby
125	125	62amended by striking out the title and inserting in place thereof the following title:- MassAbility;
126	126	63vocational rehabilitation services; independent living services.
127	127	64 SECTION 23. Said section 78 of chapter 6, as so appearing, is hereby further amended by
128	128	65striking out, in lines 3 to 4 and 23, the words “handicapped individual” and inserting in place
129	129	66thereof, in each instance, the following words:- person with a disability.
130	130	67 SECTION 24. Said section 78 of chapter 6, as so appearing, is hereby further amended by
131	131	68striking out, in lines 8 to 9, and 16 to 17, the words “handicapped individuals” and inserting in
132	132	69place thereof, in each instance, the following words:- persons with disabilities. 5 of 13
133	133	70 SECTION 25. Said section 78 of chapter 6, as so appearing, is hereby further amended by
134	134	71striking out, in line 15, the words “handicapped individuals” and inserting in place thereof, in
135	135	72each instance, the following words:- person with a disability.
136	136	73 SECTION 26. Said section 78 of chapter 6, as s appearing, is hereby further amended by
137	137	74striking out, in lines 5 and 24, the word “his” and inserting in place thereof, in each instance, the
138	138	75following word:- their.
139	139	76 SECTION 27. Section 78A of chapter 6 of the General Laws is hereby repealed.
140	140	77 SECTION 28. Section 79 of chapter 6 of the General Laws, as so appearing, is hereby
141	141	78amended by striking out the title and inserting in place thereof the following title:- MassAbility;
142	142	79powers and duties.
143	143	80 SECTION 29. Said section 79 of chapter 6, as so appearing, is hereby further amended by
144	144	81striking out, in lines 20 and 27, the words “handicapped individuals” and inserting in place
145	145	82thereof, in each instance, the following words:- persons with disabilities.
146	146	83 SECTION 30. Said section 79 of chapter 6, as so appearing, is hereby further amended by
147	147	84striking out, in line 25, the words “handicapped persons” and inserting in place thereof the
148	148	85following words:- persons with disabilities.
149	149	86 SECTION 31. Said section 79 of chapter 6, as so appearing, is hereby further amended by
150	150	87striking out, in line 28, the words “handicapped individual” and inserting in place thereof the
151	151	88following words:- person with a disability.
152	152	89 SECTION 32. Said section 79 of chapter 6, as so appearing, is hereby further amended by
153	153	90striking out, in line 29, the word “his” and inserting in place thereof the following word:- their. 6 of 13
154	154	91 SECTION 33. Section 80 of chapter 6 of the General Laws, as so appearing, is hereby
155	155	92amended by striking out the title and inserting in place thereof the following title:- MassAbility;
156	156	93additional powers and duties.
157	157	94 SECTION 34. Section 81 of chapter 6 of the General Laws, as so appearing, is hereby
158	158	95amended by striking out the title and inserting in place thereof the following title:- MassAbility
159	159	96cooperation with state agencies; agreements.
160	160	97 SECTION 35. Said section 81 of chapter 6, as so appearing, is hereby further amended by
161	161	98striking out, in lines 8, 10, 14, and 17, the words “handicapped persons” and inserting in place
162	162	99thereof, in each instance, the following words:- persons with disabilities.
163	163	100 SECTION 36. Section 82 of chapter 6 of the General Laws, as so appearing, is hereby
164	164	101amended by striking out the title and inserting in place thereof the following title:- MassAbility;
165	165	102federal funds; custodian; expenditure.
166	166	103 SECTION 37. Said section 82 of chapter 6, as so appearing, is hereby further amended by
167	167	104striking out, in line 5, the words “Massachusetts rehabilitation”.
168	168	105 SECTION 38. Section 83 of chapter 6 of the General Laws, as so appearing, is hereby
169	169	106amended by striking out the title and inserting in place thereof the following title:- MassAbility;
170	170	107gifts to commission; acceptance; investment.
171	171	108 SECTION 39. Section 84 of chapter 6 of the General Laws, as so appearing, is hereby
172	172	109amended by striking out the title and inserting in place thereof the following title:- MassAbility:
173	173	110information or records confidential. 7 of 13
174	174	111 SECTION 40. Said section 84 of chapter 6, as so appearing, is hereby further amended by
175	175	112striking out, in line 24, the words “handicapped person” and inserting in place thereof the
176	176	113following words:- person with a disability.
177	177	114 SECTION 41. Said section 84 of chapter 6, as so appearing, is hereby further amended by
178	178	115striking out, in lines 12 and 13, the word “his” and inserting in place thereof, in each instance,
179	179	116the following word:- their.
180	180	117 SECTION 42. Section 105 of chapter 6 of the General Laws, as so appearing, is hereby
181	181	118amended by striking out, in line 16, the words “the Massachusetts rehabilitation commission”
182	182	119and inserting in place thereof the following word:- MassAbility.
183	183	120 SECTION 43. Section 125 of chapter 6 of the General Laws, as so appearing, is hereby
184	184	121amended by striking out, in lines 6 and 36, the word “rehabilitation” and inserting in place
185	185	122thereof, in each instance, the following word:- MassAbility.
186	186	123 SECTION 44. Section 126 of chapter 6 of the General Laws, as so appearing, is hereby
187	187	124amended by striking out, in line 4, the words “the rehabilitation commission” and inserting in
188	188	125place thereof the following word:- MassAbility.
189	189	126 SECTION 45. Section 128 of chapter 6 of the General Laws, as so appearing, is hereby
190	190	127amended by striking out, in lines 4 to 5, the words “the rehabilitation commission” and inserting
191	191	128in place thereof the following word:- MassAbility.
192	192	129 SECTION 46. Section 189 of chapter 6 of the General Laws, as so appearing, is hereby
193	193	130amended by striking out, in line 2, the word “rehabilitation” and inserting in place thereof the
194	194	131following word:- MassAbility. 8 of 13
195	195	132 SECTION 47. Section 217 of chapter 6 of the General Laws, as so appearing, is hereby
196	196	133amended by striking out, in lines 14 to 15, the words “the Massachusetts rehabilitation
197	197	134commission” and inserting in place thereof the following word:- MassAbility.
198	198	135 SECTION 48. Section 16 of chapter 6A of the General Laws, as so appearing, is hereby
199	199	136amended by striking out, in line 32, the words “the Massachusetts rehabilitation commission”
200	200	137and inserting in place thereof the following word:- MassAbility.
201	201	138 SECTION 49. Section 16F of chapter 6A of the General Laws, as so appearing, is hereby
202	202	139amended by striking out, in line 9, the words “Massachusetts Rehabilitation Commission” and
203	203	140inserting in place thereof the following word:- MassAbility.
204	204	141 SECTION 50. Section 16O of chapter 6A of the General Laws, as so appearing, is hereby
205	205	142amended by striking out, in lines 32 to 33, the words “the Massachusetts rehabilitation
206	206	143commission” and inserting in place thereof the following word:- MassAbility.
207	207	144 SECTION 51. Section 59 of chapter 10 of the General Laws, as so appearing, is hereby
208	208	145amended by striking out, in lines 15 and 19, the word “rehabilitation” and inserting in place
209	209	146thereof, in each instance, the following word:- MassAbility.
210	210	147 SECTION 52. Section 19 of chapter 15A of the General Laws, as so appearing, is hereby
211	211	148amended by striking out, in lines 40 to 41, the words “the Massachusetts rehabilitation
212	212	149commission” and inserting in place thereof the following word:- MassAbility.
213	213	150 SECTION 53. Section 30A of chapter 15A of the General Laws, as so appearing, is
214	214	151hereby amended by striking out, in lines 26, 102 to 103, 113, and 160 to 161, the words “the 9 of 13
215	215	152Massachusetts rehabilitation commission”, and inserting in place, in each instance, thereof the
216	216	153following word:- MassAbility.
217	217	154 SECTION 54. Section 2A of chapter 18 of the General Laws, as so appearing, is hereby
218	218	155amended by striking out, in lines 14 to 15, 28 to 29, and 44 to 45, the words “the Massachusetts
219	219	156rehabilitation commission” and inserting in place thereof, in each instance, the following word:-
220	220	157MassAbility.
221	221	158 SECTION 55. Section 9 of chapter 18A of the General Laws, as so appearing, is hereby
222	222	159amended by striking out, in line 7, the word “rehabilitation” and inserting in place thereof the
223	223	160following word:- MassAbility.
224	224	161 SECTION 56. Section 4 of chapter 19C of the General Laws, as so appearing, is hereby
225	225	162amended by striking out, in lines 29 to 30, the words “the Massachusetts rehabilitation
226	226	163commission” and inserting in place thereof the following word:- MassAbility.
227	227	164 SECTION 57. Section 13A of chapter 22 of the General Laws, as so appearing, is hereby
228	228	165amended by striking out, in line 121, the words “the Massachusetts rehabilitation commission”
229	229	166and inserting in place thereof the following word:- MassAbility.
230	230	167 SECTION 58. Section 6 of chapter 23H of the General Laws, as so appearing, is hereby
231	231	168amended by striking out, in lines 6 to 7, the words “Massachusetts Rehabilitation Commission”
232	232	169and inserting in place thereof the following word:- MassAbility.
233	233	170 SECTION 59. Section 6 of chapter 23H of the General Laws, as so appearing, is further
234	234	171amended by striking out, in line 7, the words “handicapped persons” and inserting in place
235	235	172thereof the following words:- persons with disabilities. 10 of 13
236	236	173 SECTION 60. Section 7 of chapter 23H of the General Laws, as so appearing, is hereby
237	237	174amended by striking out, in lines 8 to 9, the words “the Massachusetts rehabilitation
238	238	175commission” and inserting in place thereof the following word:- MassAbility.
239	239	176 SECTION 61. Section 2RRRRR of chapter 29 of the General Laws, as so appearing, is
240	240	177hereby amended by striking out the title, and inserting in place thereof the following title:-
241	241	178MassAbility Vocational Rehabilitation Reimbursement Fund.
242	242	179 SECTION 62. Said section 2RRRRR of chapter 29, as so appearing, is hereby further
243	243	180amended by striking out, in lines 3 to 4, 5, and 8 to 9, the words “Massachusetts Rehabilitation
244	244	181Commission” and inserting in place thereof, in each instance, the following word:- MassAbility.
245	245	182 SECTION 63. Section 1 of chapter 31 of the General Laws, as so appearing, is hereby
246	246	183amended by striking out, in lines 106 to 107, the words “the Massachusetts rehabilitation
247	247	184commission” and inserting in place thereof the following word:- MassAbility.
248	248	185 SECTION 64. Section 47 of chapter 31 of the General Laws, as so appearing, is hereby
249	249	186amended by striking out, in lines 9 to10, 16, 21 to 22, and 26 to 27, the words “the Massachusetts
250	250	187rehabilitation commission” and inserting in place thereof the following word:- MassAbility.
251	251	188 SECTION 65. Section 47 of chapter 31 of the General Laws, as so appearing, is further
252	252	189amended by striking out, in line 33, the words “mentally retarded person” and inserting in place
253	253	190thereof the following words:- person with an intellectual disability.
254	254	191 SECTION 66. Section 5B of chapter 32 of the General Laws, as so appearing, is hereby
255	255	192amended by striking out, in lines 68 to 69, the words “the Massachusetts rehabilitation
256	256	193commission” and inserting in place thereof the following word:- MassAbility. 11 of 13
257	257	194 SECTION 67. Subsection (z)(1) of section 6 of chapter 62 of the General Laws, as so
258	258	195appearing, is hereby amended by striking out, in lines 1341 to 1342, the words “the
259	259	196Massachusetts rehabilitation commission” and inserting in place thereof the following word:-
260	260	197MassAbility.
261	261	198 SECTION 68. Subsection (z)(2) of section 6 of chapter 62 of the General Laws, as so
262	262	199appearing, is hereby amended by striking out, in lines 1351 to 1352, the words “the
263	263	200Massachusetts rehabilitation commission” and inserting in place thereof the following word:-
264	264	201MassAbility.
265	265	202 SECTION 69. Section 38JJ of chapter 63 of the General Laws, as so appearing, is hereby
266	266	203amended by striking out, in lines 13 and 22 to 23, the words “the Massachusetts rehabilitation
267	267	204commission” and inserting in place thereof the following word:- MassAbility.
268	268	205 SECTION 70. Section 12A of chapter 71B of the General Laws, as so appearing, is
269	269	206hereby amended by striking out, in lines 17 to 18, the words “sheltered employment,”.
270	270	207 SECTION 71. Section 12B of chapter 71B of the General Laws, as so appearing, is
271	271	208hereby amended by striking out, in line 15, the words “the Massachusetts rehabilitation
272	272	209commission” and inserting in place thereof the following word:- MassAbility.
273	273	210 SECTION 72. Section 12C of chapter 71B of the General Laws, as so appearing, is
274	274	211hereby amended by striking out, in lines 36 and 42, the words “the Massachusetts rehabilitation
275	275	212commission” and inserting in place thereof, in each instance, the following word:- MassAbility. 12 of 13
276	276	213 SECTION 73. Section 17 of chapter 71B of the General Laws, as so appearing, is hereby
277	277	214amended by striking out, in lines 48, 85, and 97, the words “the Massachusetts rehabilitation
278	278	215commission” inserting in place, in each instance, thereof the following word:- MassAbility.
279	279	216 SECTION 74. Section 2A of chapter 111 of the General Laws, as so appearing, is hereby
280	280	217amended by striking out the title and inserting in place thereof the following title:- Co-operation
281	281	218with MassAbility.
282	282	219 SECTION 75. Said section 2A of chapter 111, as so appearing, is hereby further amended
283	283	220by striking out, in lines 2 to 3, the words “the Massachusetts rehabilitation commission” and
284	284	221inserting in place thereof the following word:- MassAbility.
285	285	222 SECTION 76. Said section 2A of chapter 111, as so appearing, is hereby further amended
286	286	223by striking out, in lines 4 to 5, the words “handicapped person” and inserting in place thereof the
287	287	224following words:- person with a disability.
288	288	225 SECTION 77. Section 4G of chapter 111 of the General Laws, as so appearing, is hereby
289	289	226amended by striking out, in lines 10 to 11, the words “the Massachusetts rehabilitation
290	290	227commission” and inserting in place thereof the following word:- MassAbility.
291	291	228 SECTION 78. Section 4 of chapter 111B of the General Laws, as so appearing, is hereby
292	292	229amended by striking out, in lines 20 to 21, the words “the Massachusetts rehabilitation
293	293	230commission” and inserting in place thereof the following word:- MassAbility.
294	294	231 SECTION 79. Section 38B of chapter 121B of the General Laws, a as so appearing, is
295	295	232hereby amended by striking out, in line 10, the words “the Massachusetts rehabilitation
296	296	233commission” and inserting in place thereof the following word:- MassAbility. 13 of 13
297	297	234 SECTION 80. Section 4 of chapter 151B of the General Laws, as so appearing, is hereby
298	298	235amended by striking out, in line 461, the words “the Massachusetts rehabilitation commission”
299	299	236and inserting in place thereof the following word:- MassAbility.
300	300	237 SECTION 81. Section 15E of chapter 166 of the General Laws, as so appearing, is
301	301	238hereby amended by striking out, in lines 111 to 112 and 195 to 196, the words “the
302	302	239Massachusetts rehabilitation commission” and inserting in place thereof the following word:-
303	303	240MassAbility.
304	304	241 SECTION 82. This act shall take effect upon its passage.