HOUSE DOCKET, NO. 3684        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3209

The Commonwealth of Massachusetts

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PRESENTED BY:

Gailanne M. Cariddi

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the creation of regional disability commissions.

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PETITION OF:

HOUSE DOCKET, NO. 3684        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3209

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to the creation of regional disability commissions.

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

Notwithstanding any general or special law to the contrary Chapter 40 of the Massachusetts General Laws is hereby amended by inserting after section 8J the following section:-

Section 8J ½.  (a) Any group of 2 or more municipalities may, with the approval of the director of the Massachusetts office on disability, and by vote of their respective legislative body, establish a regional commission on disability, hereinafter called the regional commission, to cause the full integration and participation of people with disabilities in such municipalities. The regional commission shall (1) research local problems of people with disabilities; (2) advise and assist officials and employees of all member municipalities in ensuring compliance with state and federal laws and regulations that affect people with disabilities; (3) coordinate or carry out programs designed to meet the problems of people with disabilities in coordination with programs of the Massachusetts office on disability; (4) review and make recommendations about policies, procedures, services, activities and facilities of departments, boards and agencies of the member municipalities as they affect people with disabilities; (5) provide information, referrals, guidance and technical assistance to individuals, public agencies, businesses and organizations in all matters pertaining to disability; (6) coordinate activities of other local groups organized for similar purposes.  After a regional commission has been established and a regional agreement has been entered into pursuant to subsection (d), any other municipality may by vote of its legislative body apply for admission into the commission with the approval of the director of the Massachusetts office on disability. Upon the affirmative vote of the town manager or administrator of a majority of the existing member municipalities, the municipality applying for membership shall become a member municipality of the regional commission. Any municipality may petition the regional commission to leave the commission with a vote of the majority of the members of the legislative body from the municipality seeking to leave the regional commission. All rights, privileges and obligations applicable to the original member municipalities of the regional commission shall be applicable to the new member municipalities.

(b) Only municipalities that are estimated to have less than 300 persons with disabilities, as determined by the Massachusetts office on disability, shall be eligible to establish and become a member municipality of a regional commission established pursuant to this section.

(c)The regional commission shall keep records of its meetings and actions and shall file an annual report which shall be printed in each member municipality’s annual report and shall have at least 10 meetings annually.

(d) Within 30 days of establishing a regional commission the member municipalities shall, through and by their chief executive officers, agree to and enter into a regional agreement, which must be approved by the director of the Massachusetts office on disability.  For purposes of the section, “chief executive officer” shall mean the mayor in a city and the board of selectmen in a town unless some other municipal office is designated to be the chief executive officer under the provisions of a local charter.

The agreement shall contain provisions describing the method by which the agreement may be amended and the number, method of selection and terms of office of the members of the regional commission provided that:

(i) the regional commission shall consist of not less than 5 members;

(ii) appointments shall be reasonably proportioned amongst the municipalities;

(iii) a majority of the members shall be people with disabilities;

(iv) at least 1 member shall be a member of the immediate family of a person with a disability;

(v)  the chief executive officer for each member municipality shall appoint 1 elected or appointed official from that municipality to serve as a member;

(vi) the terms of the first members shall be for 1, 2 or 3 years, and so arranged that the term of at least one-fourth of the members expires each year, and their successor shall be appointed for terms of 3 years each; and

(vii) the commission shall appoint a chairperson by a majority vote of the members and may appoint other officers as it sees fit by a majority vote of the members. 

The agreement may also contain provisions describing other matters, not inconsistent with the terms of this section or any other law, including a process governing the control and management of gifts of property, both real and personal, made to the regional commission.