2020 -- S 2738

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LC005185

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS – EMPLOYMENT OF PERSONS WITH

DISABILITIES ON STATE CONTRACTS

     

     Introduced By: Senator Maryellen Goodwin

     Date Introduced: March 04, 2020

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 37 of the General Laws entitled “Public Property and Works” is hereby

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amended by adding thereto the following chapter:

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CHAPTER 37-14.4

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EMPLOYMENT OF PERSONS WITH DISABILITIES ON STATE CONTRACTS

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     37-14.4-1. Contract requirements for employers with public contracts.

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     (a) Any company awarded a contract to provide services in the state of Rhode Island, or

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any political subdivision therein, that receives funds appropriated by the general assembly, shall

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employ individuals with disabilities. Notwithstanding any general or specific law to the contrary,

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the department of administration, in consultation with the executive office of health and human

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services, shall implement and promulgate rules and regulations to administer this section.

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     (b) A contract for services means and shall include, but is not limited to, landscaping

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services, mailroom services, food services, fleet management services, manufacturing services,

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trash removal services, document destruction services, electronic scanning of documents, and

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facility management services, such as HVAC services, painting services, emergency repair

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services, janitorial services and snow removal services.

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     (c) For the purposes of this chapter, an individual with a disability shall be defined as an

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individual:

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     (1) Who has a severe physical or mental impairment which seriously limits one or more

 

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functional capacities with respect to employment outcome, such as mobility, communication, self-

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care, self-direction, interpersonal skills, work tolerance, or works skills;

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     (2) Whose vocational rehabilitation can be expected to require multiple vocational

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rehabilitation services over an extended period of time; or

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     (3) Who has one or more physical or mental disabilities resulting from amputation, arthritis,

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blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease,

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hemiplegia, respiratory or pulmonary dysfunction, intellectual or developmental disability, mental

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illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorders, neurological disorders

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(including stroke and epilepsy), paraplegia, quadriplegia, and other spinal cord conditions, sickle

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cell anemia, specific learning disability, end-stage renal disease, or other disability or combination

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of disabilities determined on the basis of an assessment for determining eligibility and vocational

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rehabilitation to cause comparable substantial functional limitation.

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     (d) The percentage requirements as set forth in subsection (e) of this section, shall be met

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within one year of issuance of a contract; provided, however, that the requirements under this

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section shall apply only to new hires under service contracts as described in subsection (a) of this

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section.

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     (e) The percentage requirement set forth in this section shall be phased into effect as

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follows:

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     (1) Commencing January 1, 2021, at least two percent (2%) of employees shall be

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individuals with disabilities in accordance with subsection (a) of this section;

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     (2) Commencing January 1, 2022, at least three percent (3%) of employees shall be

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individuals with disabilities in accordance with subsection (a) of this section;

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     (3) Commencing January 1, 2023, at least four percent (4%) of employees shall be

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individuals with disabilities in accordance with subsection (a) of this section;

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     (4) Commencing January 1, 2024, at least six percent (6%) of employees shall be

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individuals with disabilities in accordance with subsection (a) of this section; and

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     (5) Commencing January 1, 2026, at least seven percent (7%) of employees shall be

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individuals with disabilities in accordance with subsection (a) of this section.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS – EMPLOYMENT OF PERSONS WITH

DISABILITIES ON STATE CONTRACTS

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     This act would require any company that is issued a contract for services in the state of

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Rhode Island, or any political subdivision therein, to employ a certain percentage of individuals

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with disabilities.

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     This act would take effect upon passage.

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