It is enacted by the General Assembly as follows:
SECTION 1. Sections 37-2.2-3 and 37-2.2-4 of the General Laws in Chapter 37-2.2 entitled "Products and Services of Handicapped Persons" are hereby amended to read as follows:
37-2.2-3. Preference for products and services produced
by handicapped individuals. -- Whenever any products made or
manufactured by or services provided by handicapped persons in
nonprofit rehabilitation facilities or in profit making
facilities where 75 percent of the employees are handicapped 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 such articles made or manufactured and
services provided by handicapped persons. 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 handicapped
persons and describing all available services and subcontract
work which can be provided by those persons shall be prepared by
the {ADD governor's commission on the handicapped, handicapped
products procurement ADD} committee for the purchase of products
and services of handicapped persons in cooperation with the
state division of vocational {ADD office of ADD} rehabilitation
{ADD services ADD} . The department of human services {ADD governor's
commission on the handicapped ADD} shall cooperate with various
handicapped facilities by submitting necessary information
concerning such products and services to the state purchasing
agent.
37-2.2-4. Handicapped products procurement committee --
Membership -- Duties. -- (a) There is hereby established within
the department of economic development {ADD governor's
commission on the handicapped ADD} a committee, consisting of nine
(9) persons, to be known as the handicapped products procurement
committee.
(b) The committee, to be appointed by the governor,
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; {ADD the
director of the economic development corporation or his or her
designee; ADD} the state purchasing agent or his or her designee,
{ADD and appointed by the chairperson of the governor's commission
on the handicapped; ADD} two (2) handicapped persons; {ADD and ADD} three
(3) representatives of rehabilitation facilities in the state of
Rhode Island ; and the chairperson or designee of the governor's
commission on the handicapped . 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 (1) 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. {ADD The chairperson of the
governor's commission on the handicapped or his or her designee
shall serve as chairperson of the committee. ADD} The members of the
committee shall elect a {ADD vice ADD} chairperson and other officers
as are necessary from amongst themselves, annually.
(c) The committee {ADD commission on the handicapped ADD}
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
and oversight of the committee and ensure that all facilities,
both nonprofit and profit-making, referred to in section 37-2.2-3
and 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(2)(n).
SECTION 2. Upon the transfer of the handicapped products procurement committee from the department of economic development to the governor's commission on the handicapped, any proceedings or other business or matters undertaken or commenced, prior to the effective date of this act by the committee and pending on the effective date of this act, may be conducted and completed by the commission. Members of the committee, at the time of the transfer from the department of economic development to the governor's commission on the handicapped, shall continue to serve until the expiration of their term of office.
SECTION 3. This act shall take effect upon passage.
