Chapter
257
2004 -- H 7503 SUBSTITUTE A AS AMENDED
Enacted 07/01/04
A N A C T
RELATING TO PUBLIC PROPERTY
AND WORKS -- DISABILITY BUSINESS
ENTERPRISES
Introduced By:
Representatives Giannini, Naughton, Handy, Gallison, and Enos
Date
Introduced: February 04, 2004
It is enacted by the General
Assembly as follows:
SECTION
1. Sections 37-2.2-1, 37-2.2-2, 37-2.2-3, 37-2.2-3.1 and 37-2.2-4 of the
General Laws in Chapter 37-2.2
entitled "Disability Business Enterprises" are hereby amended to
read as follows:
37-2.2-1.
Short title and purpose. -- This chapter shall be known as the
"Disability
Business Enterprises Act." The
purpose of this chapter is to carry out the state's policy of
supporting the fullest possible participation
of small disadvantaged businesses owned and
controlled by persons with
disabilities or where seventy-five sixty percent (75%) (60%)
of the
work hours or direct labor is
performed by employees who are
persons with disabilities, or non-
profit rehabilitation facilities in
state funded and state directed public construction, public
projects, and in state purchases of
goods and services. This includes assisting disadvantaged
disability businesses and
non-profit rehabilitation facilities throughout the life of contracts in
which they participate.
37-2.2-2.
Definitions. -- As used in this chapter, the following words and
phrases shall
have the following meanings unless
the context shall indicate another or different meaning or
intent:
(1)
"Persons with disabilities" or "person with a disability"
shall mean any individual
who has a physical or mental
impairment which constitutes a substantial barrier to employment as
certified by the department of
human services or the department of mental health, retardation, and
hospitals.
(2)
"Products" shall mean any goods or merchandise provided by persons
with
disabilities if not less than seventy-five
percent (75%) sixty percent (60%) of the work hours or
direct labor required for the
products are performed by persons with disabilities.
(3)
"Rehabilitation facility" or "rehabilitation facilities"
shall mean a facility which is
operated for the primary purpose of
providing vocational rehabilitation services to and gainful
employment for persons with
disabilities. The rehabilitation services, listed below, may be
provided directly or by the
facility's parent corporation. The facility must provide singly or in
combination one or more of the
following services for persons with disabilities:
(i)
Comprehensive rehabilitation services which shall include under one management:
medical, psychological, social, and
vocational services;
(ii)
Testing, fitting, or training in the use of prosthetic and orthotic services;
(iii)
Pre-vocational evaluation or recreational therapy;
(iv)
Physical and occupational therapy;
(v)
Speech and hearing services;
(vi)
Psychological and social services;
(vii) Evaluation;
(viii) Personal and work adjustment;
(ix)
Vocational training in combination with other rehabilitation services;
(x)
Evaluation or control of special disabilities; and
(xi)
Transitional or long-term employment for persons who have severe disabilities
and
cannot be readily absorbed into the
competitive labor market.
(4)
"Services" shall mean any services provided by persons with
disabilities if not less
than seventy-five sixty
percent (75%) (60%) of the work hours or direct labor required
for the
services are performed by persons
with disabilities.
(5)
"Small disadvantaged businesses owned and controlled by persons with
disabilities "
shall mean small business concern,
which is at least fifty-one percent (51%) owned by one or
more person(s) with disabilities
or, in the case of a publicly owned business, at least fifty-one
percent (51%) of the stock of which
is owned by one or more disabled person, whose
management and daily business
operations are controlled by one or more person(s) with
disabilities, and have fifty or
fewer employees.
(6)
"A physical or mental impairment" shall mean any physiological
disorder or
condition, cosmetic disfigurement,
or anatomical loss affecting one or more of the following body
systems: neurological;
musculoskeletal; special sense organs; respiratory, including speech
organs; cardiovascular;
reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and
endocrine; or any mental
psychological disorder, such as mental retardation, organic brain
syndrome, emotional or mental
illness, and specific learning disabilities.
(7)
"Vocational rehabilitation services" shall mean any goods and
services including
diagnostic and related services
necessary to render a person with a disability fit to engage in a
gainful occupation and services to
the families of persons with disabilities when those services
will contribute substantially to
the rehabilitation of those individuals.
37-2.2-3.
Preference for products and services produced by persons with disabilities.
– (a) Whenever any products made, manufactured
by, or services provided by persons with
disabilities in nonprofit rehabilitation facilities, or in profit
making facilities where seventy-five
sixty percent (75%) (60%) of the work hours
or direct labor is performed by employees who are
disabled, meet the requirements of
any department, institution, or agency supported, in whole or
in part, by the state as to
quantity, quality, and price, those products shall have preference over
products or services from other
providers.
(b)
All departments, institutions, and agencies supported, in whole or in part, by
the state
shall purchase articles made or
manufactured and services provided by persons with disabilities.
Any political subdivision of the
state may purchase those articles and services directly from those
agencies.
(c)
A list describing the styles, designs, sizes, and varieties of articles made by
persons
with disabilities and describing
all available services and subcontract work which can be provided
by those persons shall be prepared
by the governor's commission on disabilities, disability
business enterprise committee in
cooperation with the state office of rehabilitation services. The
governor's commission on
disabilities shall cooperate with various facilities for persons with
disabilities by submitting
necessary information concerning the products and services to the state
purchasing agent.
37-2.2-3.1.
Policy and applicability. -- It is the policy of the state of Rhode
Island that
small disadvantaged disability
businesses shall have the maximum opportunity to participate in
the performance of procurements and
projects as outlined in this chapter. This chapter shall apply
to any and all state purchasing,
including, but not limited to, the procurement of goods and
services, construction projects, or
contracts funded in whole or in part by state funds, or funds
which, in accordance with a federal
grant or otherwise, the state expends or administers or in
which the state is a signatory to
the construction contract. The director of administration, in
consultation with the governor’s
commission on disabilities, is authorized and directed to
establish rules and regulations
for awarding contracts to small disadvantaged businesses owned
and controlled by persons with
disabilities in the procurement of goods, services, construction
projects, or contracts funded in
whole or in part by state funds, in accordance with section 37-2-
9(b)(14).
37-2.2-4.
Disability business enterprise committee -- Membership -- Duties. --
(a)
There is hereby established within
the governor's commission on disabilities a committee,
consisting of nine (9) persons, to be
known as the disability business enterprise committee.
(b)
The committee, shall consist of the director of the department of human
services or
his or her designee; the director
of the department of mental health, retardation, and hospitals or
his or her designee; the director
of the economic development corporation or his or her designee;
the state purchasing agent or his
or her designee; and two (2) persons with disabilities and three
(3) representatives of
rehabilitation facilities in the state of Rhode Island appointed by the
chairperson of the governor's
commission on disabilities. All members of the committee shall
serve without compensation. Of the
number appointed originally under this chapter, one-third
(1/3) shall be appointed for a term
of one year; one-third (1/3) shall be appointed for a term of
two (2) years; and one-third (1/3)
shall be appointed for a term of three (3) years. Thereafter,
vacancies created by expiration of
terms shall be filled with appointments for terms of three (3)
years. Members whose terms expire
may be reappointed to succeed themselves. The chairperson
of the governor's commission on
disabilities or his or her designee shall serve as chairperson of
the committee. The members of the
committee shall elect a vice chairperson and other officers as
are necessary from amongst
themselves annually.
(c)
The governor’s commission on disabilities shall promulgate such rules
and
regulations, in accordance with the
Administrative Procedures Act, chapter 35 of title 42, as are
necessary and proper to ensure
responsible management, operation, oversight of the committee,
and ensure that all facilities,
both nonprofit and profit-making, referred to in sections 37-2.2-3
and 37-2.2-3.1 meet all applicable
government regulations and standards, including those of the
United States department of labor,
the state department of human services, and the chief
purchasing officer with regard to
developing a program which involves small disadvantaged
businesses as contractors, section 37-2-9(b)(14).
(d)
The committee shall establish a procedure to certify small disadvantaged
disability
businesses and rehabilitation
facilities that qualify under their regulation for a preference under
section 37-2.2-3 or 37-2.2-3.1 and
submit a list of the certified small disadvantaged disability
businesses and rehabilitation
facilities and the products and services provided by them to the chief
purchasing officer at least once a
year. The chief purchasing officer shall utilize that list in the
program which involves small
disadvantaged businesses as contractors established by section 37-
2-9(b)(14).
SECTION
2. Chapter 37-2.2 of the General Laws entitled "Disability Business
Enterprises" is hereby amended
by adding thereto the following section:
37-2.2-5.
Nonapplicability to road and highway construction businesses. –
Notwithstanding anything to the
contrary, the provisions of this chapter shall not apply to any
business whose primary business is
road or highway construction.
SECTION 3. This act shall take effect upon passage.
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LC00411/SUB A
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