Session of 1999
         
SENATE BILL No. 175
         
By Committee on Public Health and Welfare
          
1-29
          
  9             AN  ACT concerning vending facilities operated by blind persons; amend-
10             ing K.S.A. 75-3337, 75-3338 and 75-3339 and repealing the existing
11             sections.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 75-3337 is hereby amended to read as follows: 75-
15       3337. For the purpose of providing blind persons with remunerative em-
16       ployment, enlarging the economic opportunities of the blind, and stim-
17       ulating the blind to greater efforts in striving to make themselves
18       self-supporting, blind persons licensed under the provisions of 20 U.S.C.
19       107, of 1936, and acts amendatory thereto, an act of the congress of the
20       United States of America commonly known as the Randolph-Sheppard
21       vending stand act, shall be authorized to operate vending facilities on any
22       state, county, and city or other property. In authorizing the operation of
23       vending facilities on state, county, and city property preference shall be
24       given, so far as feasible, with the right of first refusal to blind persons
25       licensed by the division of services for the blind of the department of
26       social and rehabilitation services; and the head of each department or
27       agency in control of the maintenance, operation, and protection of state
28       property shall, after consultation with the secretary of social and rehabil-
29       itation services, prescribe regulations designed to assure such preference,
30       including exclusive assignment of vending machine income to achieve and
31       protect such preference for such licensed blind persons without adversely
32       affecting the interests of the state of Kansas.
33             Sec.  2. K.S.A. 75-3338 is hereby amended to read as follows: 75-
34       3338. As used in this act, unless the context otherwise requires: (a) The
35       term "state of Kansas" shall include political subdivisions of the state of
36       Kansas, except schools, cities of the third class and townships.
37             (b) The term "blind person" means a person whose central visual
38       acuity does not exceed 20 over 200, in the better eye with correcting lens
39       or whose visual acuity if better than 20 over 200, is accompanied by a
40       limit to the field of vision in the better eye to such a degree that its widest
41       diameter subtends an angle of no greater than 20 degrees.
42             (c) The term "vending facility" includes, but is not limited to, auto-
43       matic vending machines, cafeterias, snack bars, cart service, shelters,

SB 175

2

  1       counters, and such other appropriate auxiliary equipment as rules and
  2       regulations of the division of services for the blind of the department of
  3       social and rehabilitation services prescribe and as are necessary for the
  4       sale of the articles or services referred to in paragraph (4) of subsection
  5       (a) of K.S.A. 75-3339, which are, or may be operated by blind licensees.
  6             (d) The term vending facility income means receipts, other than re-
  7       ceipts of a blind person licensed pursuant to the provisions of K.S.A. 75-
  8       3339, and amendments thereto, from vending facility operations after de-
  9       ducting costs of goods sold and reasonable service and maintenance costs
10       or commissions paid, other than commissions paid to a blind person li-
11       censed pursuant to the provisions of K.S.A. 75-3339, and amendments
12       thereto, by a commercial vending concern which operates, services or
13       maintains a vending facility on any state, county or city property.
14             Sec.  3. K.S.A. 75-3339 is hereby amended to read as follows: 75-
15       3339. (a) The division of services for the blind of the department of social
16       and rehabilitation services shall:
17             (1) Make surveys of concession vending opportunities for blind per-
18       sons on state, county, city and other property;
19             (2) make surveys throughout the state of Kansas of industries with a
20       view to obtaining information that will assist blind persons to obtain
21       employment;
22             (3) make available to the public, especially to persons and organiza-
23       tions engaged in work for the blind, information obtained as a result of
24       such surveys;
25             (4) issue licenses to blind persons who are citizens of the United
26       States for the operating of vending facilities on state, county, city and
27       other property for the vending of foods, beverages and other such articles
28       or services of any kind dispensed automatically or manually and prepared
29       on or off the premises in accordance with all applicable health laws, as
30       determined by the licensing agency; and
31             (5) take such other steps, including the adoption of rules and regu-
32       lations, as may be necessary and proper to carry out the provisions of this
33       act.
34             (b) The division of services for the blind, in issuing each such license
35       for the operation of a vending facility, shall give preference to blind per-
36       sons who are in need of employment. Each such license shall be issued
37       for an indefinite period but may be terminated by such division if it is
38       satisfied that the facility is not being operated in accordance with the
39       rules and regulations prescribed by such division. Such licenses shall be
40       issued only to applicants who are blind as defined by subsection (b) of
41       K.S.A. 75-3338 and amendments thereto.
42             (c) The division of services for the blind, with the approval of the
43       head of the department or agency in control of the maintenance, opera-

SB 175

3

  1       tion, and protection of the state, county and city or other property on
  2       which the vending facility is to be located but subject to rules and regu-
  3       lations prescribed pursuant to the provisions of this act, shall select a
  4       location for such vending facility and the type of facility to be provided.
  5             (d) In the design, construction or substantial alteration or renovation
  6       of each public building after July 1, 1970, for use by any department,
  7       agency or instrumentality of the state of Kansas, except the Kansas de-
  8       partment of wildlife and parks and the Kansas turnpike authority, there
  9       shall be included, after consultation with the division of services for the
10       blind a satisfactory site or sites with space and electrical and plumbing
11       outlets and other necessary requirements suitable for the location and
12       operation of a vending facility or facilities by a blind person or persons.
13       No space shall be rented, leased or otherwise acquired for use by any
14       department, agency or instrumentality of the state of Kansas after July 1,
15       1970, except the Kansas department of wildlife and parks and the Kansas
16       turnpike authority, unless such space includes, after consultation with the
17       division of services for the blind, a satisfactory site or sites with space and
18       electrical and plumbing outlets and other necessary requirements suitable
19       for the location and operation of a vending facility or facilities by a blind
20       person or persons. All departments, agencies and instrumentalities of the
21       state of Kansas, except the Kansas department of wildlife and parks and
22       the Kansas turnpike authority, shall consult with the secretary of social
23       and rehabilitation services or the secretary's designee and the division of
24       services for the blind in the design, construction or substantial alteration
25       or renovation of each public building used by them, and in the renting,
26       leasing or otherwise acquiring of space for their use, to insure that the
27       requirements set forth in this subsection are satisfied. This subsection
28       shall not apply when the secretary of social and rehabilitation services or
29       the secretary's designee and the division of services for the blind deter-
30       mine that the number of people using the property is insufficient to sup-
31       port a vending facility. 
32       Sec.  4. K.S.A. 75-3337, 75-3338 and 75-3339 are hereby repealed.
33        Sec.  5. This act shall take effect and be in force from and after its
34       publication in the statute book.