Introduced By: Representatives Sherlock, Carter, Garvey, McNamara and Fox
Date Introduced : January 27, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Sections 37-2.2-2 and 37-2.2-3 of the General Laws in Chapter 37-2.2 entitled "Disability Business Enterprises" are hereby amended to read as follows:
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 {DEL is under
a physical or mental disability which constitutes a substantial
barrier to employment which is of a nature that vocational rehabilitation
services may reasonably be expected to render him or her fit to
engage in a gainful occupation DEL}. {ADD 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. ADD}
(2) "Products" shall mean any goods or merchandise provided by persons with disabilities if not less than seventy-five percent (75%) of the man hours or direct labor required for the products are performed by persons with disabilities.
(3) "Rehabilitation facility" {ADD or "rehabilitation
facilities" ADD} shall mean a facility which is operated for
the primary purpose of providing vocational rehabilitation services
to and gainful employment for {DEL the individuals DEL}
{ADD persons ADD} with disabilities{ADD. The rehabilitation services, listed below, may be provided directly or by the facility's parent corporation. The facility must provideADD} {DELand which providesDEL} singly or
in combination one or more of the following services for {DEL individuals DEL}
{ADD persons ADD} 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 {DEL the DEL}
severely disabled {ADD persons ADD} who {ADD have severe disabilities and ADD} cannot be readily absorbed
into the competitive labor market.
(4) "Services" shall mean any services provided by {DEL disabled DEL}
persons {ADD with disabilities ADD} if not less than seventy-five
percent (75%) of the {DEL man DEL} {ADDworkADD} hours or direct labor required for the
services are performed by {DEL disabled DEL} persons {ADD with
disabilities ADD}.
(5) "Small disadvantaged {DEL disabled DEL} businesses
owned and controlled by {DEL disabled DEL} persons {ADD with
disabilities ADD}" 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 {DEL disabled DEL}
person(s) {ADD with disabilities ADD}, and have fifty or fewer employees.
(6) " {DEL Under a DEL} {ADD A ADD} physical or mental
{DEL disability DEL} {ADD"impairment"ADD}; shall mean {DEL an individual who has a physical
or mental condition which materially limits, contributes to limiting,
or if not corrected will probably result in limiting his or her
activities for functioning including behavioral disorders, characterized
by deviant behavior, or impaired ability to carry out normal relationships
with family and community which may result from vocational, educational,
cultural, social, environmental, or other factors DEL}. {ADD any
{ADD physiological ADD} 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. ADD}
(7) "Vocational rehabilitation services" shall mean
any goods and services including diagnostic and related services
necessary to render a {DEL disabled individual DEL} {ADD person
with a disability ADD} fit to engage in a gainful occupation and
services to the families of {DEL disabled individuals DEL}
{ADD persons with disabilities ADD} when those services will contribute
substantially to the rehabilitation of those individuals.
37-2.2-3. {DEL {ADD Preference for products
and services produced by persons with disability. DEL} {ADD
-- ADD} {ADD Preference for products and services produced
by persons with disabilities. ADD} -- Whenever any products
made, manufactured by, or services provided by {DEL disabled DEL}
persons {ADD with disabilities ADD} in nonprofit rehabilitation facilities,
or in, profit making facilities where seventy-five percent (75%)
of the employees 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.
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. 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.
SECTION 2. This act shall take effect upon passage.