Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S160 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2012 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 160
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Paul W. Mark
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 :Paul W. MarkBerkshire, Hampden, Franklin and
16	16	Hampshire 1 of 4
17	17	SENATE DOCKET, NO. 2012 FILED ON: 1/17/2025
18	18	SENATE . . . . . . . . . . . . . . No. 160
19	19	By Mr. Mark, a petition (accompanied by bill, Senate, No. 160) of Paul W. Mark for legislation
20	20	to improve accessibility in the creative economy. Children, Families and Persons with
21	21	Disabilities.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 113 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act improving accessibility in the creative economy.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 Section 186 of Chapter 6 of the General Laws, as appearing in the 2022 Official Edition,
33	33	2is hereby amended by adding the following section:-
34	34	3 Section 1 (a). There shall be established and set up on the books of the commonwealth a
35	35	4separate fund, upon passage of this legislation, to be known as the Accessibility in the Creative
36	36	5Economy (ACE) grant program, to be administered by the office on disability for the purposes of
37	37	6supporting capital improvements and projects to improve programmatic access and or remove
38	38	7barriers encountered by persons with disabilities in applicant for-profit, non-profit and public
39	39	8organizations throughout the commonwealth that are part of the arts, humanities and interpretive
40	40	9sciences sector. 2 of 4
41	41	10 (b) The fund shall be held in trust by the office on disability exclusively for the purposes
42	42	11established in section (a). The fund shall be administered by the office on disability, which will
43	43	12serve as treasurer and custodian of the fund and shall have the custody of its monies and
44	44	13securities, in consultation with the commission established in section (c). As custodian of the
45	45	14fund, the office on disability may accept monetary donations to the fund from individuals,
46	46	15organizations, associations, non-profits, businesses, estates, foundations or other entities. Under
47	47	16this program, one tenth of one per cent of the funds appropriated for the Executive Office of
48	48	17Health and Human Services shall be designated for the ACE grant program.
49	49	18 In addition to the funds referenced above, the fund shall also include: (i) income derived
50	50	19from the investment of any amounts credited to the fund; and (ii) all other monies credited to or
51	51	20transferred to the fund from any other fund or source. The comptroller may certify amounts for
52	52	21payment in anticipation of expected receipts; provided, however, that no expenditure shall be
53	53	22made from the fund that shall cause the fund to be deficient at the close of a fiscal year. Amounts
54	54	23credited to the fund shall be available for expenditure, without further appropriation, by the
55	55	24office on disability, and any money remaining in the fund shall not revert to the general fund and
56	56	25may be used in subsequent fiscal years for investments including, but not limited to, supporting
57	57	26capital improvements and projects to improve programmatic access and or remove barriers
58	58	27encountered by persons with disabilities in applicant for-profit, non-profit and public arts,
59	59	28humanities and interpretive science organizations throughout the commonwealth.
60	60	29 (c) There shall be established a new commission to be known as the ACE Commission,
61	61	30hereinafter called the commission, consisting of a majority of individuals with disabilities and
62	62	31individuals with experience advocating on behalf of individuals with disabilities. The board shall
63	63	32consist of: 3 persons appointed by the governor; 2 persons appointed by the speaker of the house 3 of 4
64	64	33of representatives; 2 persons appointed by the senate president; the director of the office on
65	65	34disability or a designee; the managing director of Open Door Arts or a designee; 1 person from
66	66	35the Disability Law Center; and the executive director of mass cultural council or a designee.
67	67	36 (d) The commission shall make recommendations to the office on disability on the
68	68	37criteria for making grants available to communities and organizations. Eligible uses shall
69	69	38include, but not be limited to: (i) training or comprehensive support for for-profit, non-profit and
70	70	39public organizations providing creative services; (ii) individualized consulting services related to
71	71	40improving accessibility that are created and led by members of the disabilities community; (iii)
72	72	41capital improvements specifically dedicated to improving access or removing barriers
73	73	42encountered by persons with disabilities in applicant facilities, including but not limited to
74	74	43increasing both physical and programmatic access through the addition of features such as
75	75	44ramps, elevators, power lifts and limited use/limited application elevators (LULAs), signage,
76	76	45Assistive Listening Systems, curb cuts or any other features that are designed to improve
77	77	46architectural access or programmatic access; (iv) planning for updating or creating a self-
78	78	47evaluation or transition plan as required under the Administrative Requirements of Title II of the
79	79	48ADA and section 504 of the Rehabilitation Act and recommended under Title III of the ADA;
80	80	49and (v) in selecting applicant organizations for capital improvements or programmatic projects,
81	81	50the commission shall give preference to organizations located in the commonwealth. Grants will
82	82	51be awarded on a competitive basis to projects that demonstrate real and tangible positive impacts
83	83	52to persons with disabilities. The distribution of grants from the fund shall consider racial
84	84	53diversity and equity, geographic diversity, and programmatic diversity within the cultural sector.
85	85	54 (e) The commission shall submit an annual report to the director of the office on
86	86	55disability, the house and senate committees on ways and means, the joint committee on tourism, 4 of 4
87	87	56arts and cultural development, and the joint committee on children, families and persons with
88	88	57disabilities no later than December 31 detailing the expenditure of the funds, including the
89	89	58amount of assistance provided to qualified organizations and a list of grant recipients. Said report
90	90	59shall also include the unexpended balance of the fund. This report shall be considered a public
91	91	60record.
92	92	61 (f) The ACE Commission shall be established no later than December 1, 2026.