Amendment #7 to H4461

Removing Barriers to Employment for People with Disabilities

Ms. Provost of Somerville moves to amend the bill by inserting the following sections:-

"SECTION XX. The first paragraph of section 13A of chapter 22 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the second and third sentences and inserting in place thereof the following 3 sentences:- Two of the appointive members shall be architects licensed to practice in the commonwealth. One of the appointive members shall be a licensed building inspector. Three of the appointive members shall be selected after consultation with advocacy groups on behalf of persons with disabilities.

SECTION XX. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 37 and 38, the words “public buildings accessible to, functional for, and safe for use by physically handicapped persons” and inserting in place thereof the following words:- buildings, including areas that are not generally in public use under the Department of Justice’s Americans with Disabilities Act Standards for Accessible Design, accessible to, functional for and safe for use by persons with disabilities.

SECTION XX. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 41 and 42, the following words “for businesses, auditoriums, sporting or recreational facilities, or cultural centers”.

SECTION XX. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 44 to 47, inclusive, the words “of handicapped persons or for vehicles used to transport such handicapped persons if the number of parking spaces in any such area is fifteen or more. The parking spaces reserved for vehicles of such handicapped persons shall be clearly marked as such” and inserting in place thereof the following words:- authorized to display handicapped plates or placards under section 2 of chapter 90; provided, that the parking requirements shall be consistent with the Americans with Disabilities Act Standards for Accessible Design.

SECTION XX. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in line 49, the words “for physically handicapped persons” and inserting in place thereof the following words:- and accessible.

SECTION XX. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 52 and 53, the words “; provided, however, that the dwelling is constructed for first occupancy after March thirteenth, nineteen hundred and ninety-one” and inserting in place thereof the following words:- and (3) all public use and common use portions of such multiple dwellings.

SECTION XX. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “to”, in line 57, the following words:- or greater than.

SECTION XX. Said section 13A of said chapter 22 of the General Laws, as so appearing, is hereby further amended by inserting after the word “Act”, in line 57, the following words:- , the Department of Justice’s Americans with Disabilities Act Standards for Accessible Design.

SECTION XX. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “buildings”, in line 62, the following words:- and facilities.

SECTION XX. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “buildings”, in line 69, the following words:- and facilities.

SECTION XX. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in line 74, the words “handicapped persons,” and inserting in place thereof the following words:- persons with a disability.

SECTION XX. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in line 82 the word “newspaper” and inserting in place thereof the following words:- forms of.

SECTION XX. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “building”, in line 86, the following words:- or facility.

SECTION XX. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “building”, in line 87, the following words:- or facility.

SECTION XX. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “a”, in line 87, the following words:- residential use or a.

SECTION XX. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in line 88, the word “is” and inserting in place thereof , the following words:- or facility is.

SECTION XX. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “building”, in line 89, the following words:- or facility.

SECTION XX. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in line 95, the words “physically handicapped persons” and inserting in place thereof the following words:- persons with a disability.

SECTION XX. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out the eighth paragraph.

SECTION XX. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in line 121, the word “person” and inserting in place thereof the following words:- building, or portion thereof,.

SECTION XX. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “building”, in line 139, the second time it appears, the following words:- or facility.

SECTION XX. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “building”, in line 154, the following word:- , facility.

SECTION XX. Said section 13A of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 163 and 164, 166 and 173 the words “physically handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with a disability.

SECTION XX. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the definition of “Construction” the following definition:- “Facility”, all or any portion of a building, structure, site improvement, complex, equipment, road, walk, passageway, parking lot or other real or personal property, including the site where the building, property, structure or equipment is located.

SECTION XX. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in line 185, the words “Physically handicapped person” and inserting in place thereof the following words:- Person with a disability.

SECTION XX. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 188 and 189, the words “Physically handicapped persons” and inserting in place thereof the following words:- A person with a disability.

SECTION XX. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out the definition of “Public building” and inserting in place thereof the following definition:- “Public building”, buildings constructed by the commonwealth or any political subdivision thereof with public funds and open to public use, including, but not limited to, those constructed by public housing authorities, the Massachusetts Port Authority, the Massachusetts Convention Center Authority, the Massachusetts Department of Transportation, the Massachusetts Bay Transportation Authority, or building authorities of any public educational institution, or their successors; and privately financed buildings that are open to and used by the public.

Buildings that are open to and used by the public shall include, but not be limited to: transportation terminals, institutional buildings, commercial buildings, buildings having places of assembly, hotels, motels, dormitories, funeral homes, shopping centers, restaurants, public parking garages or lots, public sidewalks and ways and public and common use areas of apartment buildings and condominiums."