00 SENATE BILL NO. 51 01 "An Act relating to the operation of vending facilities on public property." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 23.15.100 is amended to read: 04 Sec. 23.15.100. Powers and duties; vending facilities. (a) In carrying out 05 AS 23.15.010 - 23.15.210, the agency shall 06 (1) take the action it considers necessary or appropriate to carry out the 07 purposes of AS 23.15.010 - 23.15.210 and adopt regulations in conformity with these 08 purposes; 09 (2) determine the eligibility of applicants for vocational rehabilitation 10 service; 11 (3) submit to the governor annual reports of activities and expenditures 12 and, before each regular session of the legislature, estimates of sums required for 13 carrying out AS 23.15.010 - 23.15.210 and estimates of the amounts to be made 14 available for this purpose from all sources; 15 (4) cooperate with public and private departments, agencies, and 01 institutions in providing for the vocational rehabilitation of individuals with 02 disabilities, studying the problems involved in providing this rehabilitation, and 03 establishing, developing, and providing, in conformity with the purposes of 04 AS 23.15.010 - 23.15.210, the programs, facilities, and services that may be necessary 05 or desirable; 06 (5) survey the potential for providing vending facilities on public 07 property and, when feasible, establish vending facilities operated by blind persons 08 [AND PERSONS WITH SEVERE DISABILITIES] on public property; 09 (6) license blind persons [AND PERSONS WITH SEVERE 10 DISABILITIES] in accordance with AS 23.15.133 for the operation of vending 11 facilities on public property, with blind persons having first priority for a contract to 12 operate a [OPERATION OF THE] vending facility [FACILITIES]; 13 (7) provide the training and supervision necessary to enable blind 14 persons [AND PERSONS WITH SEVERE DISABILITIES] to operate vending 15 facilities; 16 (8) provide the equipment and initial stock necessary to enable blind 17 persons [AND PERSONS WITH SEVERE DISABILITIES] to operate vending 18 facilities. 19 (b) In carrying out AS 23.15.010 - 23.15.210, the agency may 20 (1) enter into agreements with other states to provide for the vocational 21 rehabilitation of residents of the states concerned; 22 (2) establish and operate rehabilitation facilities and workshops and 23 make grants to public and other nonprofit organizations for these purposes; 24 (3) supervise the operation of [VENDING STANDS AND OTHER] 25 small businesses established under AS 23.15.010 - 23.15.210 to be conducted by 26 individuals with severe disabilities; 27 (4) make studies, investigations, demonstrations, and reports, and 28 provide training and instruction, including the establishment and maintenance of the 29 research fellowships and traineeships with the stipends and allowances that are 30 considered necessary, in matters relating to vocational rehabilitation; and 31 (5) adopt regulations necessary for carrying out the provisions of 01 AS 23.15.010 - 23.15.210. 02 * Sec. 2. AS 23.15.133(a) is amended to read: 03 (a) The agency shall issue a license for the operation of a vending facility on 04 public property to a blind person [OR A PERSON WITH A SEVERE DISABILITY] 05 who is a resident of the state at the time of application and who qualifies for a license 06 under 07 (1) 20 U.S.C. 107 - 107f (Randolph-Sheppard Act); or 08 (2) regulations adopted by the agency providing for licensing of blind 09 persons; the regulations must provide blind persons with the first priority for a 10 contract to operate a vending facility on public property [OR PERSONS WITH 11 SEVERE DISABILITIES]. 12 * Sec. 3. AS 23.15.133 is amended by adding new subsections to read: 13 (c) If the agency cannot locate a blind person who satisfies the residency and 14 other qualification requirements of (a) of this section to operate a vending facility on 15 public property, the agency may contract with a person who is not a blind person to 16 operate the vending facility until the agency can locate a blind person to operate the 17 vending facility. 18 (d) When a vacancy occurs in the operation of a vending facility on state 19 property, the agency shall, in addition to any other procurement requirement of 20 AS 36.30, attempt to contact blind persons directly to notify them that the agency is 21 attempting to find a blind person to operate the vending facility. To contact blind 22 persons directly, the agency shall work with a private organization that specializes in 23 the employment of blind persons. Merely advertising in a newspaper is not sufficient 24 to satisfy this subsection. 25 (e) If the agency cannot find a blind person to operate a particular vending 26 facility, a blind person who is operating another vending facility under this section 27 may operate the additional vending facility. 28 * Sec. 4. AS 23.15.180(b) is amended to read: 29 (b) A blind person [OR A PERSON WITH A SEVERE DISABILITY] 30 aggrieved by a decision or action of the agency under AS 23.15.133 - 23.15.135 shall 31 receive a hearing on request in accordance with AS 44.62.330 - 44.62.630 01 (Administrative Procedure Act). A blind person may also file a complaint in 02 accordance with 20 U.S.C. 107d-1 for arbitration of a grievance. 03 * Sec. 5. AS 23.15.210(7) is amended to read: 04 (7) "licensee" means a blind person [OR A PERSON WITH A SEVERE 05 DISABILITY] licensed by the division of vocational rehabilitation under 20 U.S.C. 107 - 06 107b and 107d - 107f (Randolph-Sheppard Act), AS 23.15.133, and regulations adopted 07 under federal or state law; 08 * Sec. 6. AS 23.15.134 is repealed. 09 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 APPLICATION. This Act applies to 12 (1) a license issued under AS 23.15.100, as amended by sec. 1 of this Act, or 13 under AS 23.15.133, as amended by secs. 2 and 3 of this Act, on or after the effective date of 14 this Act; and 15 (2) a contract to operate a vending facility entered into under AS 23.15 on or 16 after the effective date of this Act; in this paragraph, "vending facility" has the meaning given 17 in AS 23.15.210, as amended by sec. 5 of this Act. 18 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 EFFECT ON CURRENT CONTRACTS. This Act does not end, change, or otherwise 21 affect a contract entered into by the state with a person under AS 23.15 before the effective 22 date of this Act.