Chapter 245
2012 -- H 7628 AS AMENDED
Enacted 06/14/12
A N A C T
RELATING TO
PUBLIC PROPERTY AND WORKS - SMALL DISABILITY BUSINESS
ENTERPRISES
Introduced By: Representatives Walsh, and Serpa
Date Introduced: February 16, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 37-2.2-1, 37-2.2-2, 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 sixty
percent (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 behavioral healthcare,
developmental disabilities and hospitals.
(2)
"Products" shall mean any goods or merchandise provided by persons
with
disabilities if not less than 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) (2)
"Services" shall mean any services provided by persons with
disabilities if not
less than sixty percent (60%) of the work hours or direct
labor required for the services are
performed by persons with disabilities.
(5) (2)
"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) (3)
"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.
37-2.2-3.1.
Policy and applicability. -- (a) It is the policy of the state of
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.
(b) The director of
administration, in consultation with the governor's commission on
disabilities, is authorized and directed to establish rules and regulations
regulation formulas 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) on or before January 1,
2013.
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) seven (7) 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
behavioral healthcare, developmental
disabilities and hospitals or his or her designee; the director of
the economic development
corporation or his or her designee; the state purchasing agent
director of administration or his or
her designee; and two (2) three (3) persons
with disabilities and three (3) representatives of
rehabilitation facilities in the state of 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, businesses referred to in sections
37-2.2-3 and
section 37-2.2-3.1 meet all applicable government regulations and
standards,
including those of the
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 procurement
list in the program which involves small disadvantaged
businesses as contractors established by
subsection 37-2-9(b)(14).
SECTION 2. Section 37-2.2-3 of the General Laws in Chapter
37-2.2 entitled "Disability
Business Enterprises"
is hereby repealed.
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 nonprofit
rehabilitation facilities, or in profit making facilities where
sixty percent (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.
SECTION 3. This act shall take effect upon passage.
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LC01662
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