Bill Text: CA AB1602 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vending machines: business enterprises for the blind.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2014-08-14 - In committee: Held under submission. [AB1602 Detail]

Download: California-2013-AB1602-Amended.html

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BILL NUMBER: AB 1602	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 4, 2014

INTRODUCED BY   Assembly Member Patterson

                        FEBRUARY 5, 2014

   An act to amend Section 220.5 of the Streets and  Highway
  Highways  Code,  and to amend Section
19629 of the Welfare and Institutions Code,  relating to
public social services.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1602, as amended, Patterson. Public social services: business
enterprises for the blind. 
   Existing law establishes the Business Enterprises Program for the
Blind for the purpose of providing blind persons with remunerative
employment, enlarging the economic opportunities of the blind, and
stimulating the blind to greater efforts in striving to make
themselves self-supporting. To further these purposes, existing law
requires that blind persons be given priority in operating vending
facilities, and in the assignment of vending machine income, on state
property. Existing law requires that, if any funds are set aside, or
caused to be set aside, by the Department of Rehabilitation from the
net proceeds of the operation of the vending facilities, the set
aside only be to the extent necessary, but not to exceed 6% of gross
sales, to pay for specified costs, including maintenance and
replacement of equipment and the purchase of new equipment. 

   This bill would specify that the maximum 6% set aside may be used
to pay for power supplies, which is a component of maintenance.

   Existing law requires the Department of Transportation to
authorize the placement of vending machines in safety roadside rests,
except as specified, and requires the department to give preference
in the placement of vending machines to vendors operating under the
Business Enterprises Program for the Blind. Existing law requires the
department to determine the costs for specified activities,
including any maintenance and operation, related to the vending
machines and requires that the department be reimbursed for those
costs from the revenues derived from the operation of the machines.
   This bill would prohibit the department from  seeking
reimbursement from   being reimbursed for power-supply
costs incurred by  vendors operating under the Business
Enterprises Program for the Blind  for power-supply costs not
included in a reimbursement to the department from that set aside.
  and would require the department to pay for those
power-supply costs using state funds. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 220.5 of the Streets and Highways Code is
amended to read:
   220.5.  (a) The department shall authorize the placement of
vending machines in safety roadside rests, unless prohibited by
federal laws, rules, or regulations.
   (b) The department, pursuant to provisions contained in paragraph
(5) of subsection (a) of Section 2 of the Act of June 20, 1936,
commonly known as the Randolph-Sheppard Act, as amended (20 U.S.C.
Sec. 107a(a)(5)), shall give preference for the placement of vending
machines in safety roadside rest areas along state highways to
vendors operating under the Business Enterprises Program for the
Blind in accordance with Article 5 (commencing with Section 19625) of
Chapter 6 of Part 2 of Division 10 of the Welfare and Institutions
Code.
   (c) The department may determine which safety roadside rest areas
are suitable for inclusion in the vending machine program and the
appropriate location within each roadside rest area for the placement
of the machines, and the department shall approve the design and
construction of any shelter or structure that may be required for the
machines.
   (d) (1) The department shall determine the costs for any
maintenance, operations, design review, or other activities related
to the vending machines  and   and, except as
provided in paragraph (2),  shall be reimbursed for those costs
from the revenues derived from the operation of the machines.

   (2) If a set aside has been authorized pursuant to Section 19629
of the Welfare and Institutions Code, the department shall not seek
reimbursement from vendors operating under the Business Enterprises
Program for the Blind for power-supply costs not included in any
reimbursement provided to the department from that set aside.
 
   (2) The department shall not be reimbursed for power-supply costs
incurred by vendors operating under the Business Enterprises Program
for the Blind and shall pay for those power-supply costs using state
funds. 
   (e) Any money received by the department for authorizing the
placement of, or from the income from, the vending machines shall be
transferred to the State Highway Account. 
  SEC. 2.    Section 19629 of the Welfare and
Institutions Code is amended to read:
   19629.  (a) The department shall provide that, if any funds are
set aside, or caused to be set aside, from the net proceeds of the
operation of the vending facilities those funds shall be set aside,
only to the extent necessary, but not to exceed the amount equal to 6
percent of gross sales, and may be used only for the following
purposes:
   (1) Maintenance, which includes power supplies, and replacement of
equipment.
   (2) The purchase of new equipment.
   (3) The construction of new vending facilities.
   (4) Funding the functions of the committee of blind vendors
established by Section 19638.
   (5) Retirement or pension funds, health insurance contributions or
premiums, life insurance contributions or premiums to the extent
approved by the federal Rehabilitation Services Administration, and
provision for paid sick leave or vacation time or business-related
insurance, if it is so determined by a majority vote of blind vendors
after the department provides to each vendor full information on all
matters relevant to these purposes. The department shall seek the
necessary approval for expenditures of set-aside funds for life
insurance contributions or premiums.
   (b) No set-aside funds shall be collected where the monthly net
proceeds are less than one thousand dollars ($1,000). This amount
shall be annually adjusted by the department to reflect changes in
the cost of living. The average of the separate indices of cost of
living for Los Angeles and San Francisco, as published by the United
States Bureau of Labor Statistics, shall be used as the basis for
determining the change in the cost of living.
   (c) Set-aside funds collected from the operation of all vending
facilities administered by the Business Enterprise Program shall be
placed in a single fund.
   (d) As used in this section, "net proceeds" shall be the sum of
the amount remaining from the sale of articles or services and the
amount of any vending machine or other income accruing to blind
vendors after the cost of sale and other expenses (excluding
set-aside charges required to be paid by the blind vendors) have been
deducted.
   (e) It is the intent of the Legislature that the expenditure of
the service charges authorized by this section shall be supplemental
to any current appropriations available for these purposes and shall
not constitute an offset or diminution of any appropriations.
   (f) An amount equal to 10 percent of the wages paid by a vendor to
any blind person, as defined in Section 19153, or to any disabled
person, as defined in regulations issued by the department, shall be
deducted from any service charge paid by the vendor, in order to
encourage vendors to employ more blind and disabled workers and
thereby set an example for industry and government. There shall be no
deduction from any service charge paid by a vendor if the vendor
does not pay wages at least equal to the minimum wages required of
employers pursuant to Chapter 1 (commencing with Section 1171) of
Part 4 of Division 2 of the Labor Code.