Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 17 of chapter 6 of the General Laws is hereby amended by striking out, in line 11, as appearing in the 1988 Official Edition, the words "office of handicapped affairs" and inserting in place thereof the words:- Massachusetts office on disability.

SECTION 2. Said chapter 6 is hereby further amended by striking out the caption preceding section 185.

SECTION 3. Said chapter 6 is hereby further amended by striking out section 185, as appearing in the 1988 Official Edition, and inserting in place thereof the following section:-

Section 185. There shall be a Massachusetts office on disability, in this section and in sections one hundred and eighty-six to one hundred and eighty-nine, inclusive, called the office, consisting of a director on disability, in this section and in sections one hundred and eighty-six to one hundred and eighty-nine, inclusive, called the director, and an advisory council, as hereinafter described. The director shall be appointed by the governor and shall serve at the pleasure of the governor. The director shall, at the time of his appointment, have substantial professional or administrative experience in a field concerned with disability.

The position of the director shall be classified in accordance with section forty-five of chapter thirty, and the salary shall be determined in accordance with section forty-six C of said chapter thirty. The director shall devote his full time during business hours to the duties of the office.

The director shall, with the advice of the advisory council, have sole charge of the supervision and administration of the office. The director may, subject to appropriation, employ and remove such assistant directors and other employees and consultants as he may deem necessary to enable him to perform his duties. The provisions of chapter thirty-one and section nine A of chapter thirty shall not apply to the director or to such assistant directors and consultants as he may appoint. In making such appointments, the director shall make every reasonable effort to ensure that persons with disabilities are employed.

SECTION 4. Said chapter 6 is hereby further amended by striking out section 187, as so appearing, and inserting in place thereof the following section:-

Section 187. The office, in order to bring about full and equal participation in all aspects of life by all persons with disabilities in the commonwealth, shall strive for the advancement of legal rights and for the promotion of the maximum possible opportunities, supportive services, accommodations and accessibility, in a manner which fosters dignity and self-determination. The duties and functions of the office shall be:

(a) to identify, analyze, evaluate and monitor public policies, programs, services and regulations that affect or may affect persons with disabilities;

(b) to utilize a system of collection of information for the purpose of identifying inadequate or inaccessible programs and services, inadequate coordination of programs and services, unnecessary programs and services, and duplication of programs and services;

(c) to make recommendations and to provide comprehensive coordination and support to appropriate state agencies concerning public policies, programs, services and regulations as they affect or may affect persons with disabilities;

(d) to develop and promote information and referral services regarding programs, services, rights and opportunities for persons with disabilities;

(e) to identify and recommend to state and local agencies, departments and organizations appropriate sources of state and federal funds which are available for expanding or improving services and programs for persons with disabilities;

(f) to prepare and submit to the governor an annual report which shall be a public document; and which shall include the description, and evaluation of the activities of the office implementing the aforesaid duties and functions; the description, evaluation and analysis of public policies, programs, services and regulations that affect or may affect persons with disabilities; and recommendations for the development, coordination and improved responsiveness of such policies, programs, services and regulations.

SECTION 5. The first paragraph of section 189 of said chapter 6, as so appearing, is hereby amended by striking out, in line 12, the words "handicapped persons" and inserting in place thereof the words:- persons with disabilities.

SECTION 6. The second paragraph of said section 189 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 28 and 29, the words "handicapped persons" and inserting in place thereof the words:- persons with disabilities.

SECTION 7. Section 4G of chapter 7 of the General Laws is hereby amended by striking out, in lines 4 and 5, as so appearing, the words "office of handicapped affairs" and inserting in place thereof the words:- Massachusetts office on disability.

SECTION 8. Section 13A of chapter 22 of the General Laws, as amended by chapter 507 of the acts of 1989, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

There shall be in the executive office of public safety a board to be known as the architectural access board, which shall consist of the director of the Massachusetts office on disability or his designee, the secretary of the executive office of elder affairs or his designee, the secretary of the executive office of public safety or his designee, and six members to be appointed by the governor, in consultation with the secretary of the executive office of public safety from lists submitted by the director of the Massachusetts office on disability. Three of the appointive members shall be selected after consultation with advocacy groups in behalf of the physically handicapped. The governor, the secretary, and the director shall exercise their best efforts to ensure that at least two of the appointive members shall be registered architects licensed to practice in the commonwealth. The board shall elect a chairman from among its members who shall serve for one year or until his successor is elected.

SECTION 9. Section 5B of chapter 23B of the General Laws, inserted by section 9 of chapter 722 of the acts of 1989, is hereby amended by striking out, in lines 9 and 10, the words "office of handicapped affairs" and inserting in place thereof the words:- Massachusetts office on disability.

SECTION 10. Chapter 40 of the General Laws is hereby amended by striking out section 8J, as appearing in the 1988 Official Edition, and inserting in place thereof the following section:-

Section 8J. A city which accepts the provisions of this section by vote of its city council, subject to the provisions of its charter, or town which accepts the provisions of this section by vote of its inhabitants at an annual meeting or at a special meeting is hereby authorized to establish a disability commission, hereinafter called the commission, for the purpose of coordinating or carrying out programs designed to meet the problems of persons with disabilities in coordination with programs of the Massachusetts office on disability. Said commission shall research local problems of persons with disabilities and shall coordinate the activities of other local groups organized for similar purposes, and may advertise, prepare, print, and distribute books, maps, charts, plans and pamphlets necessary for its work. Said commission shall keep records of its meetings and actions and shall file an annual report which shall be printed in the city or town annual report and shall have at least six meetings annually.

Said commission shall consist of not more than seven members. In cities, the members shall be appointed by the mayor, subject to the provisions of the city charter except that in cities having a Plan D or Plan E form of government, said appointments shall be by the city manager, subject to the provisions of the charter; and in towns they shall be appointed by the selectmen, except towns having a manager form of government, in which towns appointments shall be made by the town manager, subject to the approval of the selectmen and except towns having a town council form of government, in which towns the appointment shall be made by the town manager. A majority of said commission members shall consist of persons with disabilities and one of such members may be a member of the immediate family of such disabled person and one member of said commission shall be either an elected or appointed official of that city or town. The terms of the first members of said commission shall be for one, two or three years, and so arranged that the term of one of the members expires each year, and their successors shall be appointed for terms of three years each. A member of said commission may, after a public hearing, if so requested, be removed for cause by the appointing authority. A vacancy occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment. The chairman of the commission shall be chosen by a majority vote of said commission members.

Said commission may receive gifts of property, both real and personal, in the name of the city or town, subject to the approval of the city council in a city or the selectmen in a town, such gifts to be managed and controlled by said commission for the purposes of this section.