Bill Text: HI HB1112 | 2022 | Regular Session | Introduced
Bill Title: Relating To The Vending Facilities Program.
Spectrum: Partisan Bill (Democrat 20-0)
Status: (Introduced - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [HB1112 Detail]
Download: Hawaii-2022-HB1112-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1112 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the vending facilities program.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 102-14, Hawaii Revised Statutes, is amended to read as follows:
"§102-14
Use of public buildings by blind or visually handicapped persons[.]
or persons with a mental illness.
(a) For the purpose of providing
blind or visually handicapped persons, as defined in sections 235-1, 347-1, and
347-2, and persons with a mental illness with remunerative employment,
enlarging their economic opportunities and stimulating them to greater efforts
in striving to make themselves self-supporting, blind or visually handicapped
persons or persons with a mental illness registered by the department of
human services under section 347-6 and issued permits under subsection (c)
shall be authorized to operate vending facilities and machines in any state or
county public building for the vending of newspapers, periodicals, confections,
tobacco products, foods, beverages, and such other articles or services
prepared on or off the premises in accordance with all applicable laws.
(b) The department of human services, after
consultation with authorities responsible for management of state or county
public buildings, shall adopt rules in accordance with chapter 91, necessary
for the implementation of this section, including, but not limited to rules to
assure that priority be given to registered blind or visually handicapped
persons or persons with a mental illness in the operation of vending
facilities in state or county public buildings and to establish, whenever
feasible, one or more vending facilities in all state and county public
buildings[.]; provided that vending facilities operated by persons with
a mental illness shall not be placed in state or county public buildings that have
vending facilities operated by registered blind or visually handicapped persons.
(c) Assignment of vending facilities and space for vending machines shall be by permit issued by the department of human services.
(d) No person shall advertise or otherwise
solicit the sale of food or beverages for human consumption in any public
building [which] that is in competition with a vending facility
or machine operated or maintained by a duly authorized blind or visually
handicapped person or person with a mental illness as prescribed by
rules and regulations established under chapter 91. Any person who violates this subsection shall
be subject to a fine of not more than $1,000.
(e) After July 1, 1981, or upon the expiration of vending machine contracts in existence on June 10, 1981, no vending machines shall be placed in any state or county public building in which there is a vending facility or machine assigned by permit to a blind or visually handicapped person or person with a mental illness except pursuant to a permit issued by the department of human services.
(f) Any permit granted pursuant hereto may be terminated by the department of human services if the department determines that the vending facility or machine is not being operated in accordance with prescribed rules.
(g) This section shall not apply to the judiciary history center facilities in the Ali‘iolani Hale building, University of Hawai‘i system, public library system facilities, department of education facilities, department of transportation airport and harbor restaurant and lounge facilities and operations, public parks, and state and county facilities designed and intended for use as facilities for entertainment and other public events.
(h) After July 1, 1981, any department,
agency, or instrumentality of the State or any of its political subdivisions
planning the construction, substantial alteration, or renovations of any
building shall consider including plans for a vending facility maintained or
operated by a blind or visually handicapped person[.] or person with a
mental illness. The present vendor
who is operating a vending facility shall not be displaced or dislocated from
any state or county building because of renovations or substantial alterations,
except for any temporary displacement or dislocation [which] that
may be necessary for the completion of the renovations or alterations. Any such vendor shall have the first option
to operate the facility upon completion of the renovations or substantial
alterations.
(i) For the purposes of this section, "person
with a mental illness" means a person diagnosed with a mental illness as defined
under section 431M-1."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Vending Facilities Program; Mental Illness; Eligibility
Description:
Allows persons with a mental illness to participate in the vending facilities program. Limits vending facilities owned or operated by persons with mental health disorders to only those state or county public buildings not currently occupied by blind or visually handicapped vendors.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
