Budget Amendment ID: FY2019-S4-50-R1

Redraft OTH 50

Employment of Persons with Disabilities

Messrs. Collins and Welch, Ms. L'Italien, Messrs. Montigny, O'Connor and Eldridge moved that the proposed new text be amended by adding the following section:

SECTION XX. Notwithstanding any general or special law to the contrary, the supplier diversity office, in consultation with the Massachusetts office on disability, shall establish a pilot program with a utilization, contract-based goal of 7 per cent for the inclusion of qualified individuals with disabilities in any state contract for three services to be specified by the supplier diversity office that may include, but shall not be limited to: (i) janitorial and custodial services; (ii) landscaping services; (iii) mail room services; (iv) food services; (v) fleet management; (vi) manufacturing; (vii) trash removal; (viii) document destruction; (ix) electronic scanning of documents; and (x) facility management services, including but not limited to HVAC services, painting, emergency repair services and snow removal. The goal of the pilot program shall be to promote the recruitment, hiring, promotion and retention of individuals with disabilities and to assist state contractors in evaluating and measuring levels of success in the recruitment, hiring, promotion and retention of individuals with disabilities. The utilization goal shall not be used as a quota, limit or to restrict the employment of individuals with disabilities.

For the purposes of the pilot program: (i) contractors shall apply the utilization goal to the direct workforce needs of the awarded contract or to the entire workforce of the contractor if the contractor has 50 or fewer employees; and (ii) a “qualified individual” shall have the same meaning as set forth in 41 C.F.R. 60-741.2.  The pilot program shall not apply to existing state contracts.

The pilot program shall be established not later than September 1, 2018. Not later than September 1, 2019, the supplier diversity office shall file an interim report on the progress of the pilot program.  An additional final report shall be filed not later than 180 days following the completion of the pilot program.  The reports shall be filed with the clerks of the senate and house, the chairs of the senate and house committees on ways and means, the chairs of the joint committee on state administration and regulatory oversight and the chairs of the joint committee on children, families and persons with disabilities.