LITTLE RANDOLPH-SHEPPARD ACT - REPEALED — 1986 Pa. Act 187 (historical enacted text)

Historical Act text

SENATE AMENDED
PRIOR PRINTER'S NOS. 258, 2561 PRINTER'S NO. 4200
INTRODUCED BY ITKIN, CESSAR, J. L. WRIGHT, HALUSKA, PETRARCA,
VROON, COHEN, SWEET, COWELL, MRKONIC, MORRIS, GODSHALL,
SEVENTY, PRESTON, TRELLO, JOHNSON, POTT, E. Z. TAYLOR,
SHOWERS, KUKOVICH, RYBAK, DeLUCA, MICOZZIE, LASHINGER, WOGAN,
DAWIDA, OLIVER, FREEMAN, COLAFELLA, McVERRY, SEMMEL, KASUNIC,
ROBBINS, PISTELLA, TELEK, D. R. WRIGHT, OLASZ, WAMBACH AND
FOX, FEBRUARY 6, 1985
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 24, 1986
AN ACT
1 Providing for the operation of vending facilities by licensed
2 blind persons; creating a Committee of Blind Vendors;
3 granting powers to and imposing duties upon the committee;
4 and granting powers to and imposing duties upon an
5 administrative unit in the Department of Public Welfare.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Little
10 Randolph-Sheppard Act.
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Blind person." A person whose central acuity does not
16 exceed 20/200 in the better eye with correcting lenses or whose
1 visual acuity, if better than 20/200, is accompanied by a limit
2 of the field of vision in the better eye to a degree that its
3 widest diameter subtends an angle of no greater than 20 degrees.
4 In determining whether an individual is blind, there shall be an
5 examination by a physician skilled in diseases of the eye or by
6 an optometrist.
7 "Blindness and visual services." "BUREAU" OR "BUREAU OF <--
8 BLINDNESS AND VISUAL SERVICES." The administrative unit in the
9 department, under the commissioner, which provides services to
10 the blind and visually impaired.
11 "Commissioner." The Commissioner of the Bureau of Blindness
12 and Visual Services of the department.
13 "Committee." The Committee of Blind Vendors established by
14 section 3.
15 "Department." The Department of Public Welfare of the
16 Commonwealth.
17 "Rental fees." The fee fixed by the commissioner and the
18 committee for the rental of the snack bar location and
19 equipment.
20 "State property." Property owned or leased by the State
21 government or an agency of the State government and designated
22 by blindness and visual services THE BUREAU as appropriate for <--
23 participation in the Business Enterprise Program. The definition
24 shall not include property which is owned or leased for:
25 (1) Rest, recreation and safety rest areas on the
26 national system of interstate and defense highways.
27 (2) Institutions of higher learning except as provided
28 in section 9.
29 (3) INSTITUTIONS OF THE DEPARTMENT OF CORRECTIONS. <--
30 "Vending facility." An automatic vending machine, cafeteria,
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1 snack bar, shelter, cart or counter where food, tobacco,
2 newspapers, periodicals or other articles are offered for sale
3 and dispensed automatically or manually.
4 "Vending machine income." Either of the following:
5 (1) Receipts, other than those of a blind vendor, from
6 the operation of vending machines on State property, after
7 cost of goods sold, where the machines are operated, serviced
8 or maintained by or with the approval of the Commonwealth and
9 the committee.
10 (2) Commissions paid other than to a blind vendor by a
11 commercial vending concern which operates, services or
12 maintains vending machines on State property for or with the
13 approval of the Commonwealth.
14 Section 3. Committee established.
15 The Committee of Blind Vendors is established. The committee
16 shall consist of blind vendors licensed under section 5. The
17 committee shall conduct a biennial election of a president,
18 first vice president and secretary and may conduct elections to
19 fill vacancies in office at any time. The commissioner shall
20 assure active participation by the committee. Active
21 participation means a substantive ongoing process of
22 negotiations between the commissioner and the committee to
23 achieve joint planning and approval of program policies,
24 standards and procedures affecting the operation of vending
25 facilities by blind licensed vendors, with the commissioner
26 having final administrative responsibility. The committee shall
27 actively participate in administrative policy and program
28 development decisions concerning vending facilities operated by
29 blind licensed vendors.
30 Section 4. Blindness and visual services.
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1 (a) General powers and duties.--Blindness and visual <--
2 services THE BUREAU shall: <--
3 (1) Survey vending facility opportunities on all State
4 property.
5 (2) License blind persons for the operation of vending
6 facilities on State property.
7 (3) Provide vending facility equipment and an adequate
8 initial stock of suitable articles to licensed blind vendors.
9 (4) Provide the necessary training and supervision to
10 licensed blind vendors.
11 (5) Issue appropriate rules and regulations to carry out
12 the provisions of this section.
13 (6) Collect rental fees and appropriate vending machine
14 income and transmit them to the Treasury Department for
15 deposit in the Employment Fund for the Blind established by
16 section 802 of the act of June 13, 1967 (P.L.31, No.21),
17 known as the Public Welfare Code.
18 (b) Powers and duties in conjunction with committee.-- <--
19 Blindness and visual services THE BUREAU shall, with active <--
20 participation by the committee:
21 (1) Consider and respond to grievances of blind licensed
22 vendors.
23 (2) Develop and administer a Statewide system for the
24 transfer and promotion of blind licensed vendors.
25 (3) Develop training and retraining programs for blind
26 licensed vendors and blind persons interested in obtaining a
27 license to operate a vending facility.
28 (4) Organize meetings and conferences for blind vendors
29 in this Commonwealth.
30 (5) Adopt regulations necessary to insure uniform
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1 administration of the vending facilities program for persons
2 licensed under section 5. The regulations shall apply
3 uniformly to vending facilities operated by blind licensees
4 on Federal as well as other public property.
5 Section 5. Licensing.
6 (a) Issuance.--Blindness and visual services THE BUREAU <--
7 shall issue a license for the operation of a vending facility
8 only to a blind person who is a resident of this Commonwealth;
9 who qualifies for a license under the Randolph-Sheppard Act (20
10 U.S.C. § 107, et seq.); and who is able, after successfully
11 completing all necessary training, to operate a vending
12 facility. Each license shall be for an indefinite period but may
13 be terminated or suspended if, after affording the vendor an
14 opportunity for an appeal under section 9 to blindness and <--
15 visual services THE BUREAU and the committee, it is determined <--
16 that the facility is not being operated in accordance with this
17 act.
18 (b) Termination and suspension.--Licenses may be terminated
19 or suspended if the licensed vendor:
20 (1) Shows serious or repeated employment-related
21 misconduct or mismanagement of the facility.
22 (2) Shows continued indebtedness or delinquency in
23 required reporting.
24 (3) Is incapacitated for an extended period of time to
25 the extent that the vendor cannot conduct the affairs of the
26 facility.
27 (4) Shows restoration of sight to better than legal
28 blindness, which is the basis of eligibility for
29 participation in the program.
30 (5) Voluntarily withdraws or resigns from the program.
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1 Section 6. Veterans preference.
2 Pennsylvania blind veterans shall be given preference in
3 placement at their first vending location. This preference shall
4 be applicable only for entry to the program and only in
5 competition with other entering trainees. It may only be used
6 once under the business enterprises regulations as provided for
7 in section 804 of the act of June 13, 1967 (P.L.31, No.21),
8 known as the Public Welfare Code.
9 Section 7. Operation of vending facility.
10 (a) New contracts.--No person in control of the maintenance,
11 operation and protection of State property may offer or grant to
12 any other party a contract or concession to operate a vending
13 facility unless:
14 (1) Blindness and visual services THE BUREAU is properly <--
15 notified to negotiate an agreement with a licensed blind
16 vendor to operate a vending facility.
17 (2) Blindness and visual services THE BUREAU and the <--
18 committee are not willing or able to establish a vending
19 facility on the property.
20 (b) Existing contracts.--If, on the effective date of this
21 act, a vending facility is being operated on State property by a
22 person other than a licensed blind vendor, when the present
23 contract expires, is terminated or comes up for renewal or upon
24 a change of the maintenance, operation and protection of the
25 property, the person in control shall notify blindness and <--
26 visual services THE BUREAU and attempt to make an agreement with <--
27 blindness and visual services THE BUREAU for a licensed blind <--
28 vendor to operate the vending facility. Blindness and visual <--
29 services THE BUREAU, with the cooperation of the person in <--
30 control of the maintenance, operation and protection of the
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1 State property, shall select the type and location of the
2 vending facility to be provided and, under the blindness and <--
3 visual services BUREAU'S regulations, the person to operate such <--
4 a facility. If blindness and visual services THE BUREAU <--
5 determines that a vending facility, operated by a full-time
6 licensed blind vendor, is not feasible on State property, the
7 business enterprises program may install vending machines on the
8 property with income accruing under section 4(a)(6). The
9 contract for the operation of a vending facility shall specify
10 that it shall be operated at a reasonable cost consistent with a
11 fair return, high quality food products or service and
12 reasonable prices.
13 Section 8. Income.
14 Income from existing vending machines on State property and
15 from new or replacement vending machines installed on State
16 property, after the effective date of this act shall accrue to
17 the licensed blind vendor operating a vending facility on the
18 property or, if none, to the Employment Fund for the Blind for
19 uses consistent with the Randolph-Sheppard Act (20 U.S.C. § 107,
20 et seq.). The licensed blind vendor or blindness and visual <--
21 services THE BUREAU, as appropriate, shall be responsible for <--
22 servicing and maintaining the vending machines from which income
23 is received. The revolving Employment Fund for the Blind shall
24 be used to:
25 (1) Purchase new equipment and replace existing
26 equipment for new and existing vending facilities, including
27 any construction necessary for the installation of equipment
28 or related renovation.
29 (2) Purchase initial stock and supplies.
30 (3) Provide training services.
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1 (4) Establish and maintain retirement funds or other
2 appropriate benefits for licensed blind vendors.
3 (5) Pay for necessary program operating expenses,
4 including appropriate expenses for the committee.
5 Section 9. Institutions of higher learning.
6 An institution of higher learning which, on the effective
7 date of this act, is a party to a lease or other contract with a
8 Commonwealth agency entered into under section 803 of the act of
9 June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code,
10 may, when the present contract expires, is terminated or comes
11 up for renewal, enter into contract with blindness and visual <--
12 services THE BUREAU for the operation of a vending facility <--
13 under this act. An institution of higher learning may, at any
14 time, voluntarily participate in the program established by this
15 act.
16 Section 10. Appeal.
17 A person aggrieved by a decision of blindness and visual <--
18 services THE BUREAU under this act may appeal under Title 2 of <--
19 the Pennsylvania Consolidated Statutes (relating to
20 administrative law and procedure).
21 Section 11. Effective date.
22 This act shall take effect immediately IN 60 DAYS. <--
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