A N     A C T

RELATING TO DISABILITY BUSINESS ENTERPRISES

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.