SENATE BILL NO. 51 "An Act relating to the operation of vending facilities on public property." 9:02:54 AM SENATOR BETTYE DAVIS, introduced Thomas Obermeyer and thanked the committee for the opportunity. THOMAS OBERMEYER, STAFF, SENATOR BETTYE DAVIS, explained SB 51. He referred to the Sponsor Statement (copy on file). He explained that SB 51 would restore to blind persons first priority for a contract to operate a vending facility on state and other public property. This bill would amend the Alaska Chance Act of 1976 to require that the State Division of Vocational Rehabilitation Business Enterprise Program provide the same first priority to the blind on state and other public property as it did on federal property enforced under the Randolph-Sheppard Act of 1936. The Alaska Chance Act for the first time added disabled persons in addition to the blind in preference for vending licenses on public facilities. This loss of first priority and expansion of beneficiaries had thwarted the spirit and letter of the Randolph-Sheppard Act. The resulting decrease in vending opportunities for blind merchants in Alaska exacerbated their already extraordinarily high unemployment rates among all types and severities of the disabled and the population in general. Mr. Obermeyer stated that SB 51 recognized that the blind were dissimilarly situated compared to other disabled persons who did not suffer the same degree of impairment and unemployment as an economic matter. Although the state had combined management and training opportunities for both the blind and other persons with disabilities under one Business Enterprise Program of the Division of Vocational Rehabilitation, this bill would require that it must give first priority to the blind for vending contracts on state, federal or other public property. Mr. Obermeyer reported that SB 51 would comport with original legislative intent and would give first priority to the blind imposed under AS 23.15.100 prior to changes in 1974 and 2006 which added persons with disabilities and severe disabilities who had currently competed with the blind for licenses on vending facilities on public property. Mr. Obermeyer explained that blind individuals who receive Randolph-Sheppard contracts acted as managers of large vending or cafeteria facilities, subcontracting with food service organizations to provide meals and/or vending services on a day to day basis. They could independently operate lobby concession stands, or vending machine banks. In October, 2009 Alaska's Business Enterprise Program had only six sites operating in federal facilities under Randolph-Sheppard, and six sites operating in state facilities under the Chance Act. Senator Olsen wondered how many people would be affected by SB 51. Mr. Obermeyer replied that he was told by an Anchorage resident that there were approximately 12,000 blind people in Alaska. Senator Olson referred to a legislative research report that found that the United States Department of Education's Rehabilitation Services Randolph-Sheppard Act programs were often labeled as business enterprises. He wondered why Wyoming was the only state that was not participating in the programs. Mr. Obermeyer did not know why Wyoming was considered an exception. 9:07:35 AM Co-Chair Stedman noted there was a new zero fiscal note from the Department of Labor and Workforce Development. LYNNE KORAL, ALASKA INDEPENDENT BLIND (via teleconference), spoke in support of SB 51. She pointed out that there was low unemployment for people with disabilities. She stressed that blind people were subject to learned helplessness, and did not have many decision-making models. The blind were subject to the butt of jokes and are often considered to be the "worthy poor." In 1936 the Randolph-Sheppard Act was initiated to address under-employment among the blind. JAMES SWARTZ, ALASKA INDEPENDENT BLIND (via teleconference), spoke in support of SB 51. Co-Chair Stedman asked if there were any further comments from the bill sponsor. Tom Obermeyer commented that there were only two states that included the disabled in the Randolph-Sheppard Act: Georgia and Alaska. He felt that the original intent of the Act was to include the severely disabled for those blind people in Alaska who were impaired, but considered only partially blind. SB 51 was HEARD and HELD in Committee for further consideration. 9:17:00 AM AT EASE 9:17:08 AM RECONVENED