19625. 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, blind persons licensed under this article
shall be authorized to operate vending facilities on any property
within this state as provided in this article. In order to administer
this article, the director shall establish and promote the Business
Enterprises Program for the Blind.
It is the intent of the Legislature that the Randolph-Sheppard Act
(20 U.S.C. Sec. 107 et. seq.), and the federal regulations for its
administration set forth in Part 395 (commencing with Section 395.1)
of Title 34 of the Code of Federal Regulations, shall serve as
minimum standards for the operation of the Business Enterprises
Program for the Blind.
(a) With respect to vending facilities on state property, priority
shall be given to blind persons, including the assignment of vending
machine income as provided in this article. As used in this article,
"state property" means all real property, or part thereof, owned,
leased, rented, or otherwise controlled or occupied by any department
or other agency or body of this state.
(b) With respect to vending on federal property within this state,
priority shall be given as provided in the federal Randolph-Sheppard
Act (20 U.S.C. Sec. 107 et seq.), including the amendments thereto.
This article, as it applies to federal property, is intended to
conform to that act and is to be of no force or effect if, and to the
extent that, any provision of this article or any regulation adopted
under this article is in conflict with that act. Nothing in this
subdivision shall be construed to impose limitations on the operation
of vending facilities on state property, or property other than
federal property, or to allow only those activities specifically
enumerated in the Randolph-Sheppard Act.
(c) On all other property within this state, whether owned or
controlled privately or by any county, city, city and county, or
other political subdivision, the department shall take all feasible
steps to encourage and establish vending by blind persons licensed
under this article. The department may enter into appropriate
agreements with the entities or persons owning or controlling the
other property. All these agreements shall be in writing and shall be
in conformity with this article.
(d) The director shall actively pursue all commissions from
vending facilities not operated by blind vendors as provided for in
paragraph (2) of subdivision (a) of Section 19630, and shall seek new
placements of vending facilities on state property where a facility
is not yet in place.
19625.5. The department shall support and encourage all
participants in the Business Enterprises Program to be as successful
at becoming self-supporting as possible.
19626. A "vending facility" is a location which may sell, at
wholesale or retail, foods, beverages, confections, newspapers,
periodicals, tobacco products, and other articles or services
dispensed automatically or manually and prepared on or off the
premises in accordance with applicable health laws.
A "vending facility" may consist, exclusively or in appropriate
combination, of automatic vending machines, cafeterias, snackbars,
catering or food concession vehicles, cart service, shelters,
counters and any appropriate equipment as the director may by
regulation prescribe as being necessary for the sale of the articles
or services described in the first paragraph of this section.
A "vending facility" may encompass more than one building.
Licensed blind vendors shall not be required to purchase supplies
or services from wholesalers who may be licensed under this article.
19626.5. (a) The department shall develop and promulgate
regulations regarding life standards for vending facility equipment.
These regulations shall include, but not be limited to, life
expectancy of equipment, time periods within which equipment shall be
replaced, and exceptions to the requirement of replacement of
equipment within the specified time periods, including when there is
a history of no service problems. These regulations shall also
provide for exceptions to the life standard or life expectancy
policies allowing earlier replacement under certain circumstances
including excessive mechanical failures or other malfunction that is
not the fault of the operator.
(b) The department, in administering the Business Enterprises
Program, shall consult with the Department of General Services and
develop a system of expediting equipment orders to ensure timely
delivery, thereby reducing financial hardship to vendors and allowing
provision of continuous food service as required by the contracting
agency. This system shall not preclude the Department of General
Services from exercising oversight and review of the purchasing
process.
19627. (a) In order to implement the priority declared in
subdivision (a) of Section 19625, the director shall, in consultation
with the committee of licensed blind vendors, and after consultation
with and agreement by the Director of General Services and other
heads of departments or agencies in control of the maintenance,
operation, and protection of state property, develop regulations
designed to ensure the following:
(1) That priority is given to blind persons licensed under this
article, including the assignment of vending machine income as
provided in this article.
(2) That one or more vending facilities shall be established on
all state property to the extent that any facility or facilities is
feasible. Where a larger vending facility is not feasible, the
director shall take steps to place vending machines whenever
possible. In determining feasibility the director shall consider, but
is not limited to consideration of, all of the following:
(A) The number of state employees in the building or on the state
property.
(B) The size, in square feet, of the area leased, occupied, owned,
or otherwise controlled by the state.
(C) The length of time the property will be leased or occupied by
the state.
(D) Whether establishment of a vending facility would adversely
affect the interests of the state.
(E) The likelihood the vending facility will produce sufficient
net income for a blind vendor as provided in Section 19631.
(b) Any decision that the placement or operation of a vending
facility is not feasible, or that placement or operation would
adversely affect the interests of the state shall be in writing, and
shall be made available to the committee of licensed blind vendors.
(c) The Director of General Services is authorized to construct
and install or permit the construction and installation of a vending
facility on any property owned or occupied by the state. In the case
of leased space, costs shall be shared by agencies occupying the
space as determined by the Director of General Services.
(d) The director is authorized, subject to regulations developed
pursuant to subdivision (a) and the requirements of the federal
Randolph-Sheppard Act, to select a location for a facility and the
type of facility to be provided.
(e) Immediately upon receipt of notification from any state
department or agency, the Department of General Services, Office of
Real Estate and Design Services shall provide written notice to the
director of the plans of any state department or agency to occupy,
acquire, renovate, or relocate a property. This notice shall permit
the director to determine in accordance with regulations developed
pursuant to subdivision (a) whether the property includes, or will
include, a satisfactory site or sites for a vending facility.
(f) After January 1, 1978, no department or agency of the state
shall undertake to acquire by ownership, rent or lease, or to
otherwise occupy, in whole or in part, any property unless, after
consultation with the head of that department or agency, it is
determined by the director in accordance with regulations developed
pursuant to subdivision (a) either (1) that the property includes a
satisfactory site or sites for the location and operation of a
vending facility by a blind person; or (2) that, if a building is to
be constructed, substantially altered or renovated, or, in the case
of a building that is already occupied on that date by the department
or agency, is to be substantially altered or renovated for use by
the department or agency, the design for the construction,
substantial alteration or renovation includes a satisfactory site or
sites for the location and operation of a vending facility by a blind
person.
(g) The provisions of subdivision (f) shall not apply when the
director, in consultation with the committee of blind vendors,
determines that the number of people using the property is or will be
insufficient to support a vending facility.
(h) For the purpose of this section, the term "satisfactory site"
means an area determined by the director to have sufficient space,
electrical and plumbing outlets, and any other facilities as the
director shall by regulation prescribe, for the location and
operation of a vending facility by a blind person.
(i) If the director determines that any agency or department of
the state fails to comply with this section, the director shall
establish a panel to arbitrate the dispute and the decision of the
panel shall be final and binding on all parties.
(j) The arbitration panel convened by the director shall be
composed of three members, appointed as follows:
(1) One individual by the director.
(2) One individual by the agency or department having care,
custody or control of the premises.
(3) One individual who shall serve as chairman, jointly designated
by the members appointed under paragraph (1) and paragraph (2). If
either party fails to agree on an individual, the director shall
designate a hearing officer from the Office of Administrative
Hearings who shall preside.
(k) This section shall not apply to existing employee-operated,
nonprofit organizations operating vending facilities that include
manual cafeteria operations on state property.
This section shall not be construed to require that
employee-operated, nonprofit organizations shall discontinue
operating vending facilities that include manual cafeteria operations
on state property as of January 1, 1978.
19628. The governing board of any county, city, city and county, or
other political subdivision or the persons or entities owning or
controlling private property, may construct and install on their
property, or permit the construction and installation of, vending
facilities for operation by blind persons licensed under this
article. The amount of space allotted for this purpose shall be
sufficient to serve adequately the number of persons to be served and
provide the kind of services to be rendered.
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 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.
19630. (a) After July 1, 1978, all vending machine income from
vending machines on state property shall accrue to (1) the blind
vendor operating a vending facility on the property, or (2) in the
event there is no blind vendor operating a facility on the property,
to the Department of Rehabilitation Vending Machine Trust Fund for
only those uses designated in subdivision (d).
(b) The department may, notwithstanding subdivision (d),
distribute vending machine income accruing under paragraph (2) of
subdivision (a) to a blind vendor of a facility not meeting the
standard specified in Section 19631 on January 1, 1978, provided that
the distribution was being made on January 1, 1977, and provided
that the distribution shall not be in greater amount than was being
made on January 1, 1977.
(c) The director shall ensure compliance with this section with
respect to buildings, installations, facilities, and roadside rest
stops, and shall be responsible for collection of, and accounting
for, vending machine income.
Any limitation on the placement or operation of a vending machine
based on a finding by a state department or agency that the placement
or operation would adversely affect the interests of the state shall
be fully justified in writing to the director. The director shall
determine whether the limitation is justified, and if dissatisfied
with the justification, may submit the matter for arbitration to the
panel established by Section 19627.
(d) All vending machine income which accrues to the department
shall be used to establish retirement or pension plans, to provide
health and life insurance contributions, paid sick leave, vacation
time, or professional services needed by the committee of licensed
blind vendors, subject to a vote of blind vendors as provided under
paragraph (6) of subdivision (a) of Section 19629. Use of funds for
provision of life insurance shall also be subject to the approval of
the federal Rehabilitation Services Administration as required under
paragraph (6) of subdivision (a) of Section 19629.
(e) "Vending machine income" means receipts, other than those of a
blind vendor, from vending machine operations on state property,
after cost of goods sold at competitive prices, including reasonable
service and maintenance costs, where the machines are operated,
serviced, or maintained by, or with the approval of, a department or
other agency of the state, or commissions paid, other than to a blind
vendor, by a commercial vending concern which operates, services,
and maintains vending machines on state property.
(f) Vending machine income from vending machines on property
referred to in subdivision (c) of Section 19625 shall, pursuant to
agreement as there provided, accrue to (1) the blind vendor operating
a vending facility on that property, or (2) in the event there is no
blind vendor operating a facility on the property, to the department
for the uses designated in subdivision (d) of this section.
(g) (1) The amount of vending machine income accruing from vending
machines on state property which may be used to contract for
professional services, as provided in subdivision (d), shall be
determined upon a vote of approval of three-fourths of the committee
of licensed blind vendors. Under no circumstances shall the amount
approved for professional services exceed 10 percent of the annual
gross vendor machine income, as determined by the previous year's
income.
(2) The committee of licensed blind vendors may contract for the
provision of professional services without the express approval of
the Department of General Services.
(h) Vending machine income accruing to the department from vending
machines on federal property may be used for professional services
pursuant to subdivisions (d) and (g) subject to the approval of the
federal Rehabilitation Services Administration. If approved, the
amount approved by the committee of licensed blind vendors in any
fiscal year shall not exceed the annual gross income obtained from
vending machines on state and federal property. The provisions of
this section shall not apply to vending machine income from vending
machines operated by existing, incorporated, employee-operated,
nonprofit organizations that were incorporated prior to January 1,
1977. This subdivision shall not preclude preexisting or future
arrangements for these organizations to share vending machine income
with blind vendors.
19630.5. (a) The Blind Vendor Revolving Loan Fund is hereby created
in the State Treasury, and, notwithstanding Section 13340 of the
Government Code, is continuously appropriated without regard to
fiscal years to the department for the purposes specified in this
section. The fund shall be interest bearing. Commencing January 1,
2008, the fund is hereby renamed the BEP Vendor Loan Interest Rate
Buy-Down Fund.
(b) The fund shall consist of moneys appropriated to that fund by
the Legislature, and notwithstanding Section 16305.7 of the
Government Code, all interest, dividends, and pecuniary gains from
investments or deposits of moneys in the fund.
(c) (1) Moneys in the fund shall be used by the department for the
purpose of reducing the interest that vendors are required to pay
for loans issued by an eligible lender to purchase inventory and
equipment for vending facilities.
(2) The department shall make funding contingent upon the vendor's
good standing in the Business Enterprises Program and a
determination that the department has not paid interest on another
loan obtained by the vendor.
(3) Upon a determination that a vendor is eligible, the department
shall pay, on behalf of the vendor, to an eligible lender, an amount
not to exceed five thousand dollars ($5,000) to reduce the fair
market interest rate of a loan described in paragraph (1) by up to 3
percent.
(4) If a vendor fails to repay a loan to an eligible lender, the
lender shall reimburse the fund for the fund's share of any interest
not yet accrued as of the time of default by the vendor.
(d) In determining eligibility for loan interest buy-down
assistance from this fund, the department shall make any loan
interest buy-down assistance contingent upon a determination that the
blind vendor reasonably can be expected to repay the loan based on
the vendor's expected income and that the applicant is currently an
active vendor and has been in the Business Enterprises Program for at
least one year.
(e) For purposes of this section, "eligible lender" means a
financial institution organized, chartered, or holding a license or
authorization certificate under a law of this state or in the United
States to make loans or extend credit and subject to supervision by
an official or agency of this state or the United States.
(f) Loan interest buy-down assistance pursuant to this section
shall be made without regard to race, religion, creed, or sex.
(g) The total amount of interest buy-down assistance that may be
provided under this section is limited to the amount contained in the
fund, and the state shall not be liable beyond the amount contained
in that fund for these debts, obligations, and liabilities.
(h) In the event that the total amount of loan interest buy-down
assistance applied for under this section exceeds the total amount of
assistance that may be provided pursuant to this section, the
department may establish a system of priorities for the approval of
applications.
19631. The department shall not cause or permit the establishment
or placement of any blind vendor in a vending facility unless the
director, in consultation with the committee of licensed blind
vendors, first determines that the facility produces, or is likely to
produce within a reasonable time, an adequate net income for a blind
vendor.
Nothing in this article prohibits the entity or person controlling
property on which a vending facility is located from making, to the
blind vendor operating it, payments in supplementation of proceeds
realized from sales.
19632. (a) Licenses shall be issued only to applicants who are
blind within the meaning of Section 19153 and who are qualified to
operate vending facilities. The continuing eligibility of a vendor as
a blind person shall be reviewed biennially for partially sighted
individuals and whenever the department has reason to believe a
vendor's status as a blind person no longer fits the definition set
forth in Section 19153.
(b) The director, in consultation with the committee of licensed
blind vendors and the Program Manager of the Services for the Blind,
shall adopt and publish regulations providing for all of the
following:
(1) The requirements for licensure as a blind vendor.
(2) A curriculum for training and inservice training of blind
vendors.
(3) A regular schedule for offering the training and inservice
training classes. The classes shall be offered at least once per
year, in at least two locations throughout the state.
(c) The person, governing board, or legislative body having the
care, custody, and control of the building in which a vending
facility is operated pursuant to this article, has the power to
approve, disapprove, or withdraw approval of the person operating a
vending facility, but only for good cause. Good cause shall be
determined only after the person, governing board, or legislative
body having control of the vending facility has notified the
department in writing of the grounds for removal and has supplied any
supporting material. All of the following shall apply to any
disapproval or withdrawal of approval:
(1) Upon receipt of a written notification, the department shall
issue a letter of reprimand to the vendor which shall include a copy
of the original notification and any supporting material. The letter
of reprimand shall also state the date of removal and the vendor's
right to appeal the decision of the director to remove, suspend, or
terminate the vendor from participation in the Business Enterprises
Program. The letter of reprimand shall be sent by certified mail with
a receipt confirmation required.
(2) Upon receipt of the letter of reprimand, the vendor shall have
15 regular working days to remedy the reasons for the complaint
stated in the written notification. If the condition has not been
rectified to the satisfaction of the person, governing board, or
legislative body having control of the vending facility, that party
shall notify the director, and the vendor shall be informed by the
director and shall immediately vacate the premises.
(3) The department shall make all reasonable efforts, as
appropriate, to assist the vendor in rectifying the condition or
reason for the complaint stated in the written notification to the
department during the 15-day probation period.
(4) The department may not orally, in writing, or by any other
form of communication, instigate, initiate, or encourage a person,
governing board, or legislative body having the control of the
property in which a vending facility is operated to request the
removal of a licensee.
(d) Each license shall be issued for an indefinite period. A
license may be terminated by the department for good cause but only
after providing the licensee an opportunity for a full and fair
hearing in accordance with the provisions of this article. The
removal of a licensee upon the request of the person, governing
board, or legislative body having the care, custody and control of
the property in which a vending facility is operated shall not
require a finding of ineligibility for licensing.
19633. The vendor of each vending facility is subject to the
provisions of any ordinance of the county or city in which the
facility is located requiring a license or permit for the conduct of
such business, but any such license or permit shall be issued free of
charge to a blind person licensed by the department.
19634. Blind persons who are authorized to operate vending
facilities under this article may keep their guide dogs with them on
the property while operating the vending facilities.
19635. Any blind vendor who is dissatisfied with any action arising
from the operation or administration of the vending facility program
may submit to the department a request for a full evidentiary
hearing, which shall be provided by the department. If such blind
vendor is dissatisfied with any action taken or decision rendered as
a result of such hearing, he may file a complaint with the Secretary
of Health, Education, and Welfare who shall convene a panel to
arbitrate the dispute pursuant to Section 6 of the Randolph-Sheppard
Act, and the decision of such panel shall be final and binding on the
parties except as otherwise provided in that act.
19636. The director shall assign adequate personnel to carry out
duties related to the administration of this article. In selecting
personnel to fill any position under this section, the director shall
comply with the discrimination prohibition of subdivision (a) of
Section 12940 of the Government Code. The director shall review
staffing annually. The committee of licensed blind vendors shall be
allowed to provide input regarding the adequacy of the staffing
levels for the Business Enterprises Program prior to the director's
annual review.
19637. The director shall provide to each blind vendor access to
all relevant financial data, including quarterly and annual financial
reports on the operation of the state vending facility program and
access to his or her performance rating or other personal data
maintained by the department in regard to him or her.
A copy of all completed audits, reports, and investigations which
affect the Business Enterprises Program for the Blind shall be sent
to the committee of licensed blind vendors.
19638. (a) The director shall conduct a biennial election by secret
ballot of a committee of licensed blind vendors who shall be fully
representative of all blind licensees in the state program.
Representation shall be no less than one committee member for every
25 licensed vendors. At the discretion of the committee, major issues
may be referred to a subcommittee of blind vendors, or to all the
blind vendors in order to ascertain their views. Only licensed blind
persons operating a facility shall serve on the committee or
subcommittees, or vote in any poll or election authorized under this
article. The members and subcommittee members shall be reimbursed for
their actual and necessary expenses in participating in committee
functions.
(b) The director shall ensure that the participation of the
committee of blind vendors is, at a minimum, equal to that required
by Section 107b-1 of Title 20 of the United States Code. The
responsibilities and actions of the committee of blind vendors shall
include, but not be limited to:
(1) Participation, with the department, in major administrative
decisions and policy and program development. Any implementation of
changes in administrative policy or program development that is
within the discretion of the department shall occur only after review
by this committee of licensed blind vendors.
(2) Receiving grievances of blind vendors and serving as advocates
for the vendors.
(3) Participation, with the department, in the development and
administration of a transfer and promotion system for blind vendors.
(4) Participation, with the department, in developing training and
retraining programs.
(5) Sponsorship, with the assistance of the department, of
meetings and instructional conferences for blind vendors.
(c) The committee of licensed blind vendors may contract for
professional services, including, but not limited to, legal counsel.
Payment for professional services rendered to the committee of
licensed blind vendors shall be made from state vending machine
income pursuant to subdivisions (d) and (e) of Section 19630.
19639. (a) The director shall adopt and promulgate necessary rules
and regulations, in compliance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, and do all things necessary and proper to carry out this
article. The director shall review these regulations for possible
revision at least every three years.
(b) These regulations shall include, but not be limited to:
(1) Uniform procedures for vendor application and termination.
(2) Criteria and standards for selecting vendors and matching
vendors to facilities that shall ensure that the most qualified
person is selected for a facility.
(3) Equipment life standards and service standards for the
inventory, repair, and purchase of equipment, as required under
subdivision (a) of Section 19626.5.
(4) The minimum requirements for installation of a facility.
(5) A fair minimum of return to vendors.
(6) Standards for training, in-service retraining, and upward
mobility.
(7) The policies and procedures used by the department for
collection and deposit or disbursement of all vending facility
income, including, but not limited to, the frequency, rules
regarding, and method of collection of funds from facilities operated
by licensed blind vendors and facilities operated by other
individuals or entities.
(c) The director shall provide a written copy of all rules and
regulations adopted pursuant to this section to all vendors. Upon
request by a vendor, the rules and regulations shall be supplied to
the vendor as an audio recording in lieu of the written copy. In
addition, the director shall notify all vendors of any proposed
changes to the rules and regulations.
19640. (a) The department shall prepare and submit a report to the
committee of licensed blind vendors and to any appropriate
governmental agencies pursuant to Sections 20000 to 20050, inclusive,
of the State Administrative Manual, on or before January 1, 1992,
which shall include all of the following:
(1) A list of all state property (as defined in Section 19625 of
the Welfare and Institutions Code) and federal buildings or property,
which already does or which could accommodate a vending facility as
provided for in this article, or the federal Randolph-Sheppard Act
(20 U.S.C. Sec. 107 et seq.).
(2) For those buildings or locations which have a vending facility
in place, an indication of which facilities are operated by licensed
blind vendors as part of the Business Enterprises Program for the
Blind, and which are operated by private entities.
(3) For those vending facilities operated by a private entity, an
indication of those from which commissions for the Business
Enterprises Program for the Blind have been collected.
(4) For those buildings or locations which do not have vending
facilities in place, an indication of those in which a vending
facility would appropriately be placed, or the reasons, as provided
in paragraph (2) of subdivision (a) of Section 19627, why a vending
facility is not feasible in that building or location.
(b) The director shall obtain all available information from the
Department of General Services to conduct a survey, in every
odd-numbered year on or before June 30 of each odd-numbered year
commencing with 1991, for incorporation into the report required
under subdivision (a). The survey shall include, but not be limited
to, all of the following:
(1) The number and identity of state buildings.
(2) The number and identity of those state buildings which have
vending facilities or machines.
(3) The number of employees located in each building, rather than
in the field, during working hours.
(4) The square footage of the building.
(5) Other appropriate information requested by the department.
(c) In preparing the report required by subdivision (a) and each
of the updates required under subdivision (d), all departments and
agencies which have vending machines or facilities shall cooperate
with the department by providing information from the entities having
care, custody, and control of any vending machines or facility,
including, but not limited to, the terms of contracts for vending
including fiscal terms, and the disbursement practices for vending
machine income. The department shall incorporate this information
into the report.
(d) The report prepared by the department pursuant to this section
shall be updated on or before January 1 of every even-numbered year,
and this biennial update shall also be submitted to the committee of
licensed blind vendors and the Legislature.
(e) The reports and updates required by this section shall be used
by the department and the committee to develop greater opportunities
for placement of blind vendors and vending machines and facilities
on state property.
19640.5. (a) Commencing with the 1991-92 fiscal year, the State
Auditor shall conduct a fiscal audit every third fiscal year, until
January 1, 2002, and a programmatic review and audit every five
years, until January 1, 2003.
(b) The Joint Legislative Audit Committee may review and report on
the audit requirements imposed on the State Auditor by subdivision
(a) on or before January 1, 2002, for the fiscal audit requirement,
and on or before January 1, 2003, for the program review and audit
requirement.
19641. The surviving spouse of a blind vendor operating a facility
pursuant to this article shall have the right after the death of the
blind vendor to operate the facility operated by the blind vendor
immediately prior to his or her death if the spouse meets all of the
following conditions:
(a) The spouse is blind as that term is defined for purposes of
this article.
(b) The spouse has been certified as qualified to operate a
vending facility prior to the death of the blind vendor, even if the
spouse is not currently certified as qualified to operate a vending
facility.
(c) The spouse, within a period of one year after the death of the
blind vendor, becomes certified as qualified to operate a vending
facility by passing a certification examination with a score of at
least 70 percent.
(d) The spouse has assisted the blind vendor in the operation of
the vending facility.
A license shall be issued to a surviving spouse who meets the
requirements in subdivisions (a) through (d). If the spouse needs to
be recertified as qualified to operate a vending facility, the spouse
shall have undergone at least a two-month supervised on-the-job
training experience at the facility which the blind vendor operated.
A spouse seeking to operate a vending facility pursuant to this
section shall be permitted to operate the facility during the
one-year period after the death of the blind vendor operating the
facility without regard to the status of the spouse's certification,
and the spouse shall be eligible during the one-year period after the
death of the blind vendor for any training provided by the
department, or any agency designated by the department, to persons
seeking to become certified as qualified to operate a vending
facility.
This section shall apply to vending facilities where the death of
the blind vendor operating the facility occurs on or after January 1,
1981.
19625. 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, blind persons licensed under this article
shall be authorized to operate vending facilities on any property
within this state as provided in this article. In order to administer
this article, the director shall establish and promote the Business
Enterprises Program for the Blind.
It is the intent of the Legislature that the Randolph-Sheppard Act
(20 U.S.C. Sec. 107 et. seq.), and the federal regulations for its
administration set forth in Part 395 (commencing with Section 395.1)
of Title 34 of the Code of Federal Regulations, shall serve as
minimum standards for the operation of the Business Enterprises
Program for the Blind.
(a) With respect to vending facilities on state property, priority
shall be given to blind persons, including the assignment of vending
machine income as provided in this article. As used in this article,
"state property" means all real property, or part thereof, owned,
leased, rented, or otherwise controlled or occupied by any department
or other agency or body of this state.
(b) With respect to vending on federal property within this state,
priority shall be given as provided in the federal Randolph-Sheppard
Act (20 U.S.C. Sec. 107 et seq.), including the amendments thereto.
This article, as it applies to federal property, is intended to
conform to that act and is to be of no force or effect if, and to the
extent that, any provision of this article or any regulation adopted
under this article is in conflict with that act. Nothing in this
subdivision shall be construed to impose limitations on the operation
of vending facilities on state property, or property other than
federal property, or to allow only those activities specifically
enumerated in the Randolph-Sheppard Act.
(c) On all other property within this state, whether owned or
controlled privately or by any county, city, city and county, or
other political subdivision, the department shall take all feasible
steps to encourage and establish vending by blind persons licensed
under this article. The department may enter into appropriate
agreements with the entities or persons owning or controlling the
other property. All these agreements shall be in writing and shall be
in conformity with this article.
(d) The director shall actively pursue all commissions from
vending facilities not operated by blind vendors as provided for in
paragraph (2) of subdivision (a) of Section 19630, and shall seek new
placements of vending facilities on state property where a facility
is not yet in place.
19625.5. The department shall support and encourage all
participants in the Business Enterprises Program to be as successful
at becoming self-supporting as possible.
19626. A "vending facility" is a location which may sell, at
wholesale or retail, foods, beverages, confections, newspapers,
periodicals, tobacco products, and other articles or services
dispensed automatically or manually and prepared on or off the
premises in accordance with applicable health laws.
A "vending facility" may consist, exclusively or in appropriate
combination, of automatic vending machines, cafeterias, snackbars,
catering or food concession vehicles, cart service, shelters,
counters and any appropriate equipment as the director may by
regulation prescribe as being necessary for the sale of the articles
or services described in the first paragraph of this section.
A "vending facility" may encompass more than one building.
Licensed blind vendors shall not be required to purchase supplies
or services from wholesalers who may be licensed under this article.
19626.5. (a) The department shall develop and promulgate
regulations regarding life standards for vending facility equipment.
These regulations shall include, but not be limited to, life
expectancy of equipment, time periods within which equipment shall be
replaced, and exceptions to the requirement of replacement of
equipment within the specified time periods, including when there is
a history of no service problems. These regulations shall also
provide for exceptions to the life standard or life expectancy
policies allowing earlier replacement under certain circumstances
including excessive mechanical failures or other malfunction that is
not the fault of the operator.
(b) The department, in administering the Business Enterprises
Program, shall consult with the Department of General Services and
develop a system of expediting equipment orders to ensure timely
delivery, thereby reducing financial hardship to vendors and allowing
provision of continuous food service as required by the contracting
agency. This system shall not preclude the Department of General
Services from exercising oversight and review of the purchasing
process.
19627. (a) In order to implement the priority declared in
subdivision (a) of Section 19625, the director shall, in consultation
with the committee of licensed blind vendors, and after consultation
with and agreement by the Director of General Services and other
heads of departments or agencies in control of the maintenance,
operation, and protection of state property, develop regulations
designed to ensure the following:
(1) That priority is given to blind persons licensed under this
article, including the assignment of vending machine income as
provided in this article.
(2) That one or more vending facilities shall be established on
all state property to the extent that any facility or facilities is
feasible. Where a larger vending facility is not feasible, the
director shall take steps to place vending machines whenever
possible. In determining feasibility the director shall consider, but
is not limited to consideration of, all of the following:
(A) The number of state employees in the building or on the state
property.
(B) The size, in square feet, of the area leased, occupied, owned,
or otherwise controlled by the state.
(C) The length of time the property will be leased or occupied by
the state.
(D) Whether establishment of a vending facility would adversely
affect the interests of the state.
(E) The likelihood the vending facility will produce sufficient
net income for a blind vendor as provided in Section 19631.
(b) Any decision that the placement or operation of a vending
facility is not feasible, or that placement or operation would
adversely affect the interests of the state shall be in writing, and
shall be made available to the committee of licensed blind vendors.
(c) The Director of General Services is authorized to construct
and install or permit the construction and installation of a vending
facility on any property owned or occupied by the state. In the case
of leased space, costs shall be shared by agencies occupying the
space as determined by the Director of General Services.
(d) The director is authorized, subject to regulations developed
pursuant to subdivision (a) and the requirements of the federal
Randolph-Sheppard Act, to select a location for a facility and the
type of facility to be provided.
(e) Immediately upon receipt of notification from any state
department or agency, the Department of General Services, Office of
Real Estate and Design Services shall provide written notice to the
director of the plans of any state department or agency to occupy,
acquire, renovate, or relocate a property. This notice shall permit
the director to determine in accordance with regulations developed
pursuant to subdivision (a) whether the property includes, or will
include, a satisfactory site or sites for a vending facility.
(f) After January 1, 1978, no department or agency of the state
shall undertake to acquire by ownership, rent or lease, or to
otherwise occupy, in whole or in part, any property unless, after
consultation with the head of that department or agency, it is
determined by the director in accordance with regulations developed
pursuant to subdivision (a) either (1) that the property includes a
satisfactory site or sites for the location and operation of a
vending facility by a blind person; or (2) that, if a building is to
be constructed, substantially altered or renovated, or, in the case
of a building that is already occupied on that date by the department
or agency, is to be substantially altered or renovated for use by
the department or agency, the design for the construction,
substantial alteration or renovation includes a satisfactory site or
sites for the location and operation of a vending facility by a blind
person.
(g) The provisions of subdivision (f) shall not apply when the
director, in consultation with the committee of blind vendors,
determines that the number of people using the property is or will be
insufficient to support a vending facility.
(h) For the purpose of this section, the term "satisfactory site"
means an area determined by the director to have sufficient space,
electrical and plumbing outlets, and any other facilities as the
director shall by regulation prescribe, for the location and
operation of a vending facility by a blind person.
(i) If the director determines that any agency or department of
the state fails to comply with this section, the director shall
establish a panel to arbitrate the dispute and the decision of the
panel shall be final and binding on all parties.
(j) The arbitration panel convened by the director shall be
composed of three members, appointed as follows:
(1) One individual by the director.
(2) One individual by the agency or department having care,
custody or control of the premises.
(3) One individual who shall serve as chairman, jointly designated
by the members appointed under paragraph (1) and paragraph (2). If
either party fails to agree on an individual, the director shall
designate a hearing officer from the Office of Administrative
Hearings who shall preside.
(k) This section shall not apply to existing employee-operated,
nonprofit organizations operating vending facilities that include
manual cafeteria operations on state property.
This section shall not be construed to require that
employee-operated, nonprofit organizations shall discontinue
operating vending facilities that include manual cafeteria operations
on state property as of January 1, 1978.
19628. The governing board of any county, city, city and county, or
other political subdivision or the persons or entities owning or
controlling private property, may construct and install on their
property, or permit the construction and installation of, vending
facilities for operation by blind persons licensed under this
article. The amount of space allotted for this purpose shall be
sufficient to serve adequately the number of persons to be served and
provide the kind of services to be rendered.
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 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.
19630. (a) After July 1, 1978, all vending machine income from
vending machines on state property shall accrue to (1) the blind
vendor operating a vending facility on the property, or (2) in the
event there is no blind vendor operating a facility on the property,
to the Department of Rehabilitation Vending Machine Trust Fund for
only those uses designated in subdivision (d).
(b) The department may, notwithstanding subdivision (d),
distribute vending machine income accruing under paragraph (2) of
subdivision (a) to a blind vendor of a facility not meeting the
standard specified in Section 19631 on January 1, 1978, provided that
the distribution was being made on January 1, 1977, and provided
that the distribution shall not be in greater amount than was being
made on January 1, 1977.
(c) The director shall ensure compliance with this section with
respect to buildings, installations, facilities, and roadside rest
stops, and shall be responsible for collection of, and accounting
for, vending machine income.
Any limitation on the placement or operation of a vending machine
based on a finding by a state department or agency that the placement
or operation would adversely affect the interests of the state shall
be fully justified in writing to the director. The director shall
determine whether the limitation is justified, and if dissatisfied
with the justification, may submit the matter for arbitration to the
panel established by Section 19627.
(d) All vending machine income which accrues to the department
shall be used to establish retirement or pension plans, to provide
health and life insurance contributions, paid sick leave, vacation
time, or professional services needed by the committee of licensed
blind vendors, subject to a vote of blind vendors as provided under
paragraph (6) of subdivision (a) of Section 19629. Use of funds for
provision of life insurance shall also be subject to the approval of
the federal Rehabilitation Services Administration as required under
paragraph (6) of subdivision (a) of Section 19629.
(e) "Vending machine income" means receipts, other than those of a
blind vendor, from vending machine operations on state property,
after cost of goods sold at competitive prices, including reasonable
service and maintenance costs, where the machines are operated,
serviced, or maintained by, or with the approval of, a department or
other agency of the state, or commissions paid, other than to a blind
vendor, by a commercial vending concern which operates, services,
and maintains vending machines on state property.
(f) Vending machine income from vending machines on property
referred to in subdivision (c) of Section 19625 shall, pursuant to
agreement as there provided, accrue to (1) the blind vendor operating
a vending facility on that property, or (2) in the event there is no
blind vendor operating a facility on the property, to the department
for the uses designated in subdivision (d) of this section.
(g) (1) The amount of vending machine income accruing from vending
machines on state property which may be used to contract for
professional services, as provided in subdivision (d), shall be
determined upon a vote of approval of three-fourths of the committee
of licensed blind vendors. Under no circumstances shall the amount
approved for professional services exceed 10 percent of the annual
gross vendor machine income, as determined by the previous year's
income.
(2) The committee of licensed blind vendors may contract for the
provision of professional services without the express approval of
the Department of General Services.
(h) Vending machine income accruing to the department from vending
machines on federal property may be used for professional services
pursuant to subdivisions (d) and (g) subject to the approval of the
federal Rehabilitation Services Administration. If approved, the
amount approved by the committee of licensed blind vendors in any
fiscal year shall not exceed the annual gross income obtained from
vending machines on state and federal property. The provisions of
this section shall not apply to vending machine income from vending
machines operated by existing, incorporated, employee-operated,
nonprofit organizations that were incorporated prior to January 1,
1977. This subdivision shall not preclude preexisting or future
arrangements for these organizations to share vending machine income
with blind vendors.
19630.5. (a) The Blind Vendor Revolving Loan Fund is hereby created
in the State Treasury, and, notwithstanding Section 13340 of the
Government Code, is continuously appropriated without regard to
fiscal years to the department for the purposes specified in this
section. The fund shall be interest bearing. Commencing January 1,
2008, the fund is hereby renamed the BEP Vendor Loan Interest Rate
Buy-Down Fund.
(b) The fund shall consist of moneys appropriated to that fund by
the Legislature, and notwithstanding Section 16305.7 of the
Government Code, all interest, dividends, and pecuniary gains from
investments or deposits of moneys in the fund.
(c) (1) Moneys in the fund shall be used by the department for the
purpose of reducing the interest that vendors are required to pay
for loans issued by an eligible lender to purchase inventory and
equipment for vending facilities.
(2) The department shall make funding contingent upon the vendor's
good standing in the Business Enterprises Program and a
determination that the department has not paid interest on another
loan obtained by the vendor.
(3) Upon a determination that a vendor is eligible, the department
shall pay, on behalf of the vendor, to an eligible lender, an amount
not to exceed five thousand dollars ($5,000) to reduce the fair
market interest rate of a loan described in paragraph (1) by up to 3
percent.
(4) If a vendor fails to repay a loan to an eligible lender, the
lender shall reimburse the fund for the fund's share of any interest
not yet accrued as of the time of default by the vendor.
(d) In determining eligibility for loan interest buy-down
assistance from this fund, the department shall make any loan
interest buy-down assistance contingent upon a determination that the
blind vendor reasonably can be expected to repay the loan based on
the vendor's expected income and that the applicant is currently an
active vendor and has been in the Business Enterprises Program for at
least one year.
(e) For purposes of this section, "eligible lender" means a
financial institution organized, chartered, or holding a license or
authorization certificate under a law of this state or in the United
States to make loans or extend credit and subject to supervision by
an official or agency of this state or the United States.
(f) Loan interest buy-down assistance pursuant to this section
shall be made without regard to race, religion, creed, or sex.
(g) The total amount of interest buy-down assistance that may be
provided under this section is limited to the amount contained in the
fund, and the state shall not be liable beyond the amount contained
in that fund for these debts, obligations, and liabilities.
(h) In the event that the total amount of loan interest buy-down
assistance applied for under this section exceeds the total amount of
assistance that may be provided pursuant to this section, the
department may establish a system of priorities for the approval of
applications.
19631. The department shall not cause or permit the establishment
or placement of any blind vendor in a vending facility unless the
director, in consultation with the committee of licensed blind
vendors, first determines that the facility produces, or is likely to
produce within a reasonable time, an adequate net income for a blind
vendor.
Nothing in this article prohibits the entity or person controlling
property on which a vending facility is located from making, to the
blind vendor operating it, payments in supplementation of proceeds
realized from sales.
19632. (a) Licenses shall be issued only to applicants who are
blind within the meaning of Section 19153 and who are qualified to
operate vending facilities. The continuing eligibility of a vendor as
a blind person shall be reviewed biennially for partially sighted
individuals and whenever the department has reason to believe a
vendor's status as a blind person no longer fits the definition set
forth in Section 19153.
(b) The director, in consultation with the committee of licensed
blind vendors and the Program Manager of the Services for the Blind,
shall adopt and publish regulations providing for all of the
following:
(1) The requirements for licensure as a blind vendor.
(2) A curriculum for training and inservice training of blind
vendors.
(3) A regular schedule for offering the training and inservice
training classes. The classes shall be offered at least once per
year, in at least two locations throughout the state.
(c) The person, governing board, or legislative body having the
care, custody, and control of the building in which a vending
facility is operated pursuant to this article, has the power to
approve, disapprove, or withdraw approval of the person operating a
vending facility, but only for good cause. Good cause shall be
determined only after the person, governing board, or legislative
body having control of the vending facility has notified the
department in writing of the grounds for removal and has supplied any
supporting material. All of the following shall apply to any
disapproval or withdrawal of approval:
(1) Upon receipt of a written notification, the department shall
issue a letter of reprimand to the vendor which shall include a copy
of the original notification and any supporting material. The letter
of reprimand shall also state the date of removal and the vendor's
right to appeal the decision of the director to remove, suspend, or
terminate the vendor from participation in the Business Enterprises
Program. The letter of reprimand shall be sent by certified mail with
a receipt confirmation required.
(2) Upon receipt of the letter of reprimand, the vendor shall have
15 regular working days to remedy the reasons for the complaint
stated in the written notification. If the condition has not been
rectified to the satisfaction of the person, governing board, or
legislative body having control of the vending facility, that party
shall notify the director, and the vendor shall be informed by the
director and shall immediately vacate the premises.
(3) The department shall make all reasonable efforts, as
appropriate, to assist the vendor in rectifying the condition or
reason for the complaint stated in the written notification to the
department during the 15-day probation period.
(4) The department may not orally, in writing, or by any other
form of communication, instigate, initiate, or encourage a person,
governing board, or legislative body having the control of the
property in which a vending facility is operated to request the
removal of a licensee.
(d) Each license shall be issued for an indefinite period. A
license may be terminated by the department for good cause but only
after providing the licensee an opportunity for a full and fair
hearing in accordance with the provisions of this article. The
removal of a licensee upon the request of the person, governing
board, or legislative body having the care, custody and control of
the property in which a vending facility is operated shall not
require a finding of ineligibility for licensing.
19633. The vendor of each vending facility is subject to the
provisions of any ordinance of the county or city in which the
facility is located requiring a license or permit for the conduct of
such business, but any such license or permit shall be issued free of
charge to a blind person licensed by the department.
19634. Blind persons who are authorized to operate vending
facilities under this article may keep their guide dogs with them on
the property while operating the vending facilities.
19635. Any blind vendor who is dissatisfied with any action arising
from the operation or administration of the vending facility program
may submit to the department a request for a full evidentiary
hearing, which shall be provided by the department. If such blind
vendor is dissatisfied with any action taken or decision rendered as
a result of such hearing, he may file a complaint with the Secretary
of Health, Education, and Welfare who shall convene a panel to
arbitrate the dispute pursuant to Section 6 of the Randolph-Sheppard
Act, and the decision of such panel shall be final and binding on the
parties except as otherwise provided in that act.
19636. The director shall assign adequate personnel to carry out
duties related to the administration of this article. In selecting
personnel to fill any position under this section, the director shall
comply with the discrimination prohibition of subdivision (a) of
Section 12940 of the Government Code. The director shall review
staffing annually. The committee of licensed blind vendors shall be
allowed to provide input regarding the adequacy of the staffing
levels for the Business Enterprises Program prior to the director's
annual review.
19637. The director shall provide to each blind vendor access to
all relevant financial data, including quarterly and annual financial
reports on the operation of the state vending facility program and
access to his or her performance rating or other personal data
maintained by the department in regard to him or her.
A copy of all completed audits, reports, and investigations which
affect the Business Enterprises Program for the Blind shall be sent
to the committee of licensed blind vendors.
19638. (a) The director shall conduct a biennial election by secret
ballot of a committee of licensed blind vendors who shall be fully
representative of all blind licensees in the state program.
Representation shall be no less than one committee member for every
25 licensed vendors. At the discretion of the committee, major issues
may be referred to a subcommittee of blind vendors, or to all the
blind vendors in order to ascertain their views. Only licensed blind
persons operating a facility shall serve on the committee or
subcommittees, or vote in any poll or election authorized under this
article. The members and subcommittee members shall be reimbursed for
their actual and necessary expenses in participating in committee
functions.
(b) The director shall ensure that the participation of the
committee of blind vendors is, at a minimum, equal to that required
by Section 107b-1 of Title 20 of the United States Code. The
responsibilities and actions of the committee of blind vendors shall
include, but not be limited to:
(1) Participation, with the department, in major administrative
decisions and policy and program development. Any implementation of
changes in administrative policy or program development that is
within the discretion of the department shall occur only after review
by this committee of licensed blind vendors.
(2) Receiving grievances of blind vendors and serving as advocates
for the vendors.
(3) Participation, with the department, in the development and
administration of a transfer and promotion system for blind vendors.
(4) Participation, with the department, in developing training and
retraining programs.
(5) Sponsorship, with the assistance of the department, of
meetings and instructional conferences for blind vendors.
(c) The committee of licensed blind vendors may contract for
professional services, including, but not limited to, legal counsel.
Payment for professional services rendered to the committee of
licensed blind vendors shall be made from state vending machine
income pursuant to subdivisions (d) and (e) of Section 19630.
19639. (a) The director shall adopt and promulgate necessary rules
and regulations, in compliance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, and do all things necessary and proper to carry out this
article. The director shall review these regulations for possible
revision at least every three years.
(b) These regulations shall include, but not be limited to:
(1) Uniform procedures for vendor application and termination.
(2) Criteria and standards for selecting vendors and matching
vendors to facilities that shall ensure that the most qualified
person is selected for a facility.
(3) Equipment life standards and service standards for the
inventory, repair, and purchase of equipment, as required under
subdivision (a) of Section 19626.5.
(4) The minimum requirements for installation of a facility.
(5) A fair minimum of return to vendors.
(6) Standards for training, in-service retraining, and upward
mobility.
(7) The policies and procedures used by the department for
collection and deposit or disbursement of all vending facility
income, including, but not limited to, the frequency, rules
regarding, and method of collection of funds from facilities operated
by licensed blind vendors and facilities operated by other
individuals or entities.
(c) The director shall provide a written copy of all rules and
regulations adopted pursuant to this section to all vendors. Upon
request by a vendor, the rules and regulations shall be supplied to
the vendor as an audio recording in lieu of the written copy. In
addition, the director shall notify all vendors of any proposed
changes to the rules and regulations.
19640. (a) The department shall prepare and submit a report to the
committee of licensed blind vendors and to any appropriate
governmental agencies pursuant to Sections 20000 to 20050, inclusive,
of the State Administrative Manual, on or before January 1, 1992,
which shall include all of the following:
(1) A list of all state property (as defined in Section 19625 of
the Welfare and Institutions Code) and federal buildings or property,
which already does or which could accommodate a vending facility as
provided for in this article, or the federal Randolph-Sheppard Act
(20 U.S.C. Sec. 107 et seq.).
(2) For those buildings or locations which have a vending facility
in place, an indication of which facilities are operated by licensed
blind vendors as part of the Business Enterprises Program for the
Blind, and which are operated by private entities.
(3) For those vending facilities operated by a private entity, an
indication of those from which commissions for the Business
Enterprises Program for the Blind have been collected.
(4) For those buildings or locations which do not have vending
facilities in place, an indication of those in which a vending
facility would appropriately be placed, or the reasons, as provided
in paragraph (2) of subdivision (a) of Section 19627, why a vending
facility is not feasible in that building or location.
(b) The director shall obtain all available information from the
Department of General Services to conduct a survey, in every
odd-numbered year on or before June 30 of each odd-numbered year
commencing with 1991, for incorporation into the report required
under subdivision (a). The survey shall include, but not be limited
to, all of the following:
(1) The number and identity of state buildings.
(2) The number and identity of those state buildings which have
vending facilities or machines.
(3) The number of employees located in each building, rather than
in the field, during working hours.
(4) The square footage of the building.
(5) Other appropriate information requested by the department.
(c) In preparing the report required by subdivision (a) and each
of the updates required under subdivision (d), all departments and
agencies which have vending machines or facilities shall cooperate
with the department by providing information from the entities having
care, custody, and control of any vending machines or facility,
including, but not limited to, the terms of contracts for vending
including fiscal terms, and the disbursement practices for vending
machine income. The department shall incorporate this information
into the report.
(d) The report prepared by the department pursuant to this section
shall be updated on or before January 1 of every even-numbered year,
and this biennial update shall also be submitted to the committee of
licensed blind vendors and the Legislature.
(e) The reports and updates required by this section shall be used
by the department and the committee to develop greater opportunities
for placement of blind vendors and vending machines and facilities
on state property.
19640.5. (a) Commencing with the 1991-92 fiscal year, the State
Auditor shall conduct a fiscal audit every third fiscal year, until
January 1, 2002, and a programmatic review and audit every five
years, until January 1, 2003.
(b) The Joint Legislative Audit Committee may review and report on
the audit requirements imposed on the State Auditor by subdivision
(a) on or before January 1, 2002, for the fiscal audit requirement,
and on or before January 1, 2003, for the program review and audit
requirement.
19641. The surviving spouse of a blind vendor operating a facility
pursuant to this article shall have the right after the death of the
blind vendor to operate the facility operated by the blind vendor
immediately prior to his or her death if the spouse meets all of the
following conditions:
(a) The spouse is blind as that term is defined for purposes of
this article.
(b) The spouse has been certified as qualified to operate a
vending facility prior to the death of the blind vendor, even if the
spouse is not currently certified as qualified to operate a vending
facility.
(c) The spouse, within a period of one year after the death of the
blind vendor, becomes certified as qualified to operate a vending
facility by passing a certification examination with a score of at
least 70 percent.
(d) The spouse has assisted the blind vendor in the operation of
the vending facility.
A license shall be issued to a surviving spouse who meets the
requirements in subdivisions (a) through (d). If the spouse needs to
be recertified as qualified to operate a vending facility, the spouse
shall have undergone at least a two-month supervised on-the-job
training experience at the facility which the blind vendor operated.
A spouse seeking to operate a vending facility pursuant to this
section shall be permitted to operate the facility during the
one-year period after the death of the blind vendor operating the
facility without regard to the status of the spouse's certification,
and the spouse shall be eligible during the one-year period after the
death of the blind vendor for any training provided by the
department, or any agency designated by the department, to persons
seeking to become certified as qualified to operate a vending
facility.
This section shall apply to vending facilities where the death of
the blind vendor operating the facility occurs on or after January 1,
1981.
19625. 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, blind persons licensed under this article
shall be authorized to operate vending facilities on any property
within this state as provided in this article. In order to administer
this article, the director shall establish and promote the Business
Enterprises Program for the Blind.
It is the intent of the Legislature that the Randolph-Sheppard Act
(20 U.S.C. Sec. 107 et. seq.), and the federal regulations for its
administration set forth in Part 395 (commencing with Section 395.1)
of Title 34 of the Code of Federal Regulations, shall serve as
minimum standards for the operation of the Business Enterprises
Program for the Blind.
(a) With respect to vending facilities on state property, priority
shall be given to blind persons, including the assignment of vending
machine income as provided in this article. As used in this article,
"state property" means all real property, or part thereof, owned,
leased, rented, or otherwise controlled or occupied by any department
or other agency or body of this state.
(b) With respect to vending on federal property within this state,
priority shall be given as provided in the federal Randolph-Sheppard
Act (20 U.S.C. Sec. 107 et seq.), including the amendments thereto.
This article, as it applies to federal property, is intended to
conform to that act and is to be of no force or effect if, and to the
extent that, any provision of this article or any regulation adopted
under this article is in conflict with that act. Nothing in this
subdivision shall be construed to impose limitations on the operation
of vending facilities on state property, or property other than
federal property, or to allow only those activities specifically
enumerated in the Randolph-Sheppard Act.
(c) On all other property within this state, whether owned or
controlled privately or by any county, city, city and county, or
other political subdivision, the department shall take all feasible
steps to encourage and establish vending by blind persons licensed
under this article. The department may enter into appropriate
agreements with the entities or persons owning or controlling the
other property. All these agreements shall be in writing and shall be
in conformity with this article.
(d) The director shall actively pursue all commissions from
vending facilities not operated by blind vendors as provided for in
paragraph (2) of subdivision (a) of Section 19630, and shall seek new
placements of vending facilities on state property where a facility
is not yet in place.
19625.5. The department shall support and encourage all
participants in the Business Enterprises Program to be as successful
at becoming self-supporting as possible.
19626. A "vending facility" is a location which may sell, at
wholesale or retail, foods, beverages, confections, newspapers,
periodicals, tobacco products, and other articles or services
dispensed automatically or manually and prepared on or off the
premises in accordance with applicable health laws.
A "vending facility" may consist, exclusively or in appropriate
combination, of automatic vending machines, cafeterias, snackbars,
catering or food concession vehicles, cart service, shelters,
counters and any appropriate equipment as the director may by
regulation prescribe as being necessary for the sale of the articles
or services described in the first paragraph of this section.
A "vending facility" may encompass more than one building.
Licensed blind vendors shall not be required to purchase supplies
or services from wholesalers who may be licensed under this article.
19626.5. (a) The department shall develop and promulgate
regulations regarding life standards for vending facility equipment.
These regulations shall include, but not be limited to, life
expectancy of equipment, time periods within which equipment shall be
replaced, and exceptions to the requirement of replacement of
equipment within the specified time periods, including when there is
a history of no service problems. These regulations shall also
provide for exceptions to the life standard or life expectancy
policies allowing earlier replacement under certain circumstances
including excessive mechanical failures or other malfunction that is
not the fault of the operator.
(b) The department, in administering the Business Enterprises
Program, shall consult with the Department of General Services and
develop a system of expediting equipment orders to ensure timely
delivery, thereby reducing financial hardship to vendors and allowing
provision of continuous food service as required by the contracting
agency. This system shall not preclude the Department of General
Services from exercising oversight and review of the purchasing
process.
19627. (a) In order to implement the priority declared in
subdivision (a) of Section 19625, the director shall, in consultation
with the committee of licensed blind vendors, and after consultation
with and agreement by the Director of General Services and other
heads of departments or agencies in control of the maintenance,
operation, and protection of state property, develop regulations
designed to ensure the following:
(1) That priority is given to blind persons licensed under this
article, including the assignment of vending machine income as
provided in this article.
(2) That one or more vending facilities shall be established on
all state property to the extent that any facility or facilities is
feasible. Where a larger vending facility is not feasible, the
director shall take steps to place vending machines whenever
possible. In determining feasibility the director shall consider, but
is not limited to consideration of, all of the following:
(A) The number of state employees in the building or on the state
property.
(B) The size, in square feet, of the area leased, occupied, owned,
or otherwise controlled by the state.
(C) The length of time the property will be leased or occupied by
the state.
(D) Whether establishment of a vending facility would adversely
affect the interests of the state.
(E) The likelihood the vending facility will produce sufficient
net income for a blind vendor as provided in Section 19631.
(b) Any decision that the placement or operation of a vending
facility is not feasible, or that placement or operation would
adversely affect the interests of the state shall be in writing, and
shall be made available to the committee of licensed blind vendors.
(c) The Director of General Services is authorized to construct
and install or permit the construction and installation of a vending
facility on any property owned or occupied by the state. In the case
of leased space, costs shall be shared by agencies occupying the
space as determined by the Director of General Services.
(d) The director is authorized, subject to regulations developed
pursuant to subdivision (a) and the requirements of the federal
Randolph-Sheppard Act, to select a location for a facility and the
type of facility to be provided.
(e) Immediately upon receipt of notification from any state
department or agency, the Department of General Services, Office of
Real Estate and Design Services shall provide written notice to the
director of the plans of any state department or agency to occupy,
acquire, renovate, or relocate a property. This notice shall permit
the director to determine in accordance with regulations developed
pursuant to subdivision (a) whether the property includes, or will
include, a satisfactory site or sites for a vending facility.
(f) After January 1, 1978, no department or agency of the state
shall undertake to acquire by ownership, rent or lease, or to
otherwise occupy, in whole or in part, any property unless, after
consultation with the head of that department or agency, it is
determined by the director in accordance with regulations developed
pursuant to subdivision (a) either (1) that the property includes a
satisfactory site or sites for the location and operation of a
vending facility by a blind person; or (2) that, if a building is to
be constructed, substantially altered or renovated, or, in the case
of a building that is already occupied on that date by the department
or agency, is to be substantially altered or renovated for use by
the department or agency, the design for the construction,
substantial alteration or renovation includes a satisfactory site or
sites for the location and operation of a vending facility by a blind
person.
(g) The provisions of subdivision (f) shall not apply when the
director, in consultation with the committee of blind vendors,
determines that the number of people using the property is or will be
insufficient to support a vending facility.
(h) For the purpose of this section, the term "satisfactory site"
means an area determined by the director to have sufficient space,
electrical and plumbing outlets, and any other facilities as the
director shall by regulation prescribe, for the location and
operation of a vending facility by a blind person.
(i) If the director determines that any agency or department of
the state fails to comply with this section, the director shall
establish a panel to arbitrate the dispute and the decision of the
panel shall be final and binding on all parties.
(j) The arbitration panel convened by the director shall be
composed of three members, appointed as follows:
(1) One individual by the director.
(2) One individual by the agency or department having care,
custody or control of the premises.
(3) One individual who shall serve as chairman, jointly designated
by the members appointed under paragraph (1) and paragraph (2). If
either party fails to agree on an individual, the director shall
designate a hearing officer from the Office of Administrative
Hearings who shall preside.
(k) This section shall not apply to existing employee-operated,
nonprofit organizations operating vending facilities that include
manual cafeteria operations on state property.
This section shall not be construed to require that
employee-operated, nonprofit organizations shall discontinue
operating vending facilities that include manual cafeteria operations
on state property as of January 1, 1978.
19628. The governing board of any county, city, city and county, or
other political subdivision or the persons or entities owning or
controlling private property, may construct and install on their
property, or permit the construction and installation of, vending
facilities for operation by blind persons licensed under this
article. The amount of space allotted for this purpose shall be
sufficient to serve adequately the number of persons to be served and
provide the kind of services to be rendered.
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 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.
19630. (a) After July 1, 1978, all vending machine income from
vending machines on state property shall accrue to (1) the blind
vendor operating a vending facility on the property, or (2) in the
event there is no blind vendor operating a facility on the property,
to the Department of Rehabilitation Vending Machine Trust Fund for
only those uses designated in subdivision (d).
(b) The department may, notwithstanding subdivision (d),
distribute vending machine income accruing under paragraph (2) of
subdivision (a) to a blind vendor of a facility not meeting the
standard specified in Section 19631 on January 1, 1978, provided that
the distribution was being made on January 1, 1977, and provided
that the distribution shall not be in greater amount than was being
made on January 1, 1977.
(c) The director shall ensure compliance with this section with
respect to buildings, installations, facilities, and roadside rest
stops, and shall be responsible for collection of, and accounting
for, vending machine income.
Any limitation on the placement or operation of a vending machine
based on a finding by a state department or agency that the placement
or operation would adversely affect the interests of the state shall
be fully justified in writing to the director. The director shall
determine whether the limitation is justified, and if dissatisfied
with the justification, may submit the matter for arbitration to the
panel established by Section 19627.
(d) All vending machine income which accrues to the department
shall be used to establish retirement or pension plans, to provide
health and life insurance contributions, paid sick leave, vacation
time, or professional services needed by the committee of licensed
blind vendors, subject to a vote of blind vendors as provided under
paragraph (6) of subdivision (a) of Section 19629. Use of funds for
provision of life insurance shall also be subject to the approval of
the federal Rehabilitation Services Administration as required under
paragraph (6) of subdivision (a) of Section 19629.
(e) "Vending machine income" means receipts, other than those of a
blind vendor, from vending machine operations on state property,
after cost of goods sold at competitive prices, including reasonable
service and maintenance costs, where the machines are operated,
serviced, or maintained by, or with the approval of, a department or
other agency of the state, or commissions paid, other than to a blind
vendor, by a commercial vending concern which operates, services,
and maintains vending machines on state property.
(f) Vending machine income from vending machines on property
referred to in subdivision (c) of Section 19625 shall, pursuant to
agreement as there provided, accrue to (1) the blind vendor operating
a vending facility on that property, or (2) in the event there is no
blind vendor operating a facility on the property, to the department
for the uses designated in subdivision (d) of this section.
(g) (1) The amount of vending machine income accruing from vending
machines on state property which may be used to contract for
professional services, as provided in subdivision (d), shall be
determined upon a vote of approval of three-fourths of the committee
of licensed blind vendors. Under no circumstances shall the amount
approved for professional services exceed 10 percent of the annual
gross vendor machine income, as determined by the previous year's
income.
(2) The committee of licensed blind vendors may contract for the
provision of professional services without the express approval of
the Department of General Services.
(h) Vending machine income accruing to the department from vending
machines on federal property may be used for professional services
pursuant to subdivisions (d) and (g) subject to the approval of the
federal Rehabilitation Services Administration. If approved, the
amount approved by the committee of licensed blind vendors in any
fiscal year shall not exceed the annual gross income obtained from
vending machines on state and federal property. The provisions of
this section shall not apply to vending machine income from vending
machines operated by existing, incorporated, employee-operated,
nonprofit organizations that were incorporated prior to January 1,
1977. This subdivision shall not preclude preexisting or future
arrangements for these organizations to share vending machine income
with blind vendors.
19630.5. (a) The Blind Vendor Revolving Loan Fund is hereby created
in the State Treasury, and, notwithstanding Section 13340 of the
Government Code, is continuously appropriated without regard to
fiscal years to the department for the purposes specified in this
section. The fund shall be interest bearing. Commencing January 1,
2008, the fund is hereby renamed the BEP Vendor Loan Interest Rate
Buy-Down Fund.
(b) The fund shall consist of moneys appropriated to that fund by
the Legislature, and notwithstanding Section 16305.7 of the
Government Code, all interest, dividends, and pecuniary gains from
investments or deposits of moneys in the fund.
(c) (1) Moneys in the fund shall be used by the department for the
purpose of reducing the interest that vendors are required to pay
for loans issued by an eligible lender to purchase inventory and
equipment for vending facilities.
(2) The department shall make funding contingent upon the vendor's
good standing in the Business Enterprises Program and a
determination that the department has not paid interest on another
loan obtained by the vendor.
(3) Upon a determination that a vendor is eligible, the department
shall pay, on behalf of the vendor, to an eligible lender, an amount
not to exceed five thousand dollars ($5,000) to reduce the fair
market interest rate of a loan described in paragraph (1) by up to 3
percent.
(4) If a vendor fails to repay a loan to an eligible lender, the
lender shall reimburse the fund for the fund's share of any interest
not yet accrued as of the time of default by the vendor.
(d) In determining eligibility for loan interest buy-down
assistance from this fund, the department shall make any loan
interest buy-down assistance contingent upon a determination that the
blind vendor reasonably can be expected to repay the loan based on
the vendor's expected income and that the applicant is currently an
active vendor and has been in the Business Enterprises Program for at
least one year.
(e) For purposes of this section, "eligible lender" means a
financial institution organized, chartered, or holding a license or
authorization certificate under a law of this state or in the United
States to make loans or extend credit and subject to supervision by
an official or agency of this state or the United States.
(f) Loan interest buy-down assistance pursuant to this section
shall be made without regard to race, religion, creed, or sex.
(g) The total amount of interest buy-down assistance that may be
provided under this section is limited to the amount contained in the
fund, and the state shall not be liable beyond the amount contained
in that fund for these debts, obligations, and liabilities.
(h) In the event that the total amount of loan interest buy-down
assistance applied for under this section exceeds the total amount of
assistance that may be provided pursuant to this section, the
department may establish a system of priorities for the approval of
applications.
19631. The department shall not cause or permit the establishment
or placement of any blind vendor in a vending facility unless the
director, in consultation with the committee of licensed blind
vendors, first determines that the facility produces, or is likely to
produce within a reasonable time, an adequate net income for a blind
vendor.
Nothing in this article prohibits the entity or person controlling
property on which a vending facility is located from making, to the
blind vendor operating it, payments in supplementation of proceeds
realized from sales.
19632. (a) Licenses shall be issued only to applicants who are
blind within the meaning of Section 19153 and who are qualified to
operate vending facilities. The continuing eligibility of a vendor as
a blind person shall be reviewed biennially for partially sighted
individuals and whenever the department has reason to believe a
vendor's status as a blind person no longer fits the definition set
forth in Section 19153.
(b) The director, in consultation with the committee of licensed
blind vendors and the Program Manager of the Services for the Blind,
shall adopt and publish regulations providing for all of the
following:
(1) The requirements for licensure as a blind vendor.
(2) A curriculum for training and inservice training of blind
vendors.
(3) A regular schedule for offering the training and inservice
training classes. The classes shall be offered at least once per
year, in at least two locations throughout the state.
(c) The person, governing board, or legislative body having the
care, custody, and control of the building in which a vending
facility is operated pursuant to this article, has the power to
approve, disapprove, or withdraw approval of the person operating a
vending facility, but only for good cause. Good cause shall be
determined only after the person, governing board, or legislative
body having control of the vending facility has notified the
department in writing of the grounds for removal and has supplied any
supporting material. All of the following shall apply to any
disapproval or withdrawal of approval:
(1) Upon receipt of a written notification, the department shall
issue a letter of reprimand to the vendor which shall include a copy
of the original notification and any supporting material. The letter
of reprimand shall also state the date of removal and the vendor's
right to appeal the decision of the director to remove, suspend, or
terminate the vendor from participation in the Business Enterprises
Program. The letter of reprimand shall be sent by certified mail with
a receipt confirmation required.
(2) Upon receipt of the letter of reprimand, the vendor shall have
15 regular working days to remedy the reasons for the complaint
stated in the written notification. If the condition has not been
rectified to the satisfaction of the person, governing board, or
legislative body having control of the vending facility, that party
shall notify the director, and the vendor shall be informed by the
director and shall immediately vacate the premises.
(3) The department shall make all reasonable efforts, as
appropriate, to assist the vendor in rectifying the condition or
reason for the complaint stated in the written notification to the
department during the 15-day probation period.
(4) The department may not orally, in writing, or by any other
form of communication, instigate, initiate, or encourage a person,
governing board, or legislative body having the control of the
property in which a vending facility is operated to request the
removal of a licensee.
(d) Each license shall be issued for an indefinite period. A
license may be terminated by the department for good cause but only
after providing the licensee an opportunity for a full and fair
hearing in accordance with the provisions of this article. The
removal of a licensee upon the request of the person, governing
board, or legislative body having the care, custody and control of
the property in which a vending facility is operated shall not
require a finding of ineligibility for licensing.
19633. The vendor of each vending facility is subject to the
provisions of any ordinance of the county or city in which the
facility is located requiring a license or permit for the conduct of
such business, but any such license or permit shall be issued free of
charge to a blind person licensed by the department.
19634. Blind persons who are authorized to operate vending
facilities under this article may keep their guide dogs with them on
the property while operating the vending facilities.
19635. Any blind vendor who is dissatisfied with any action arising
from the operation or administration of the vending facility program
may submit to the department a request for a full evidentiary
hearing, which shall be provided by the department. If such blind
vendor is dissatisfied with any action taken or decision rendered as
a result of such hearing, he may file a complaint with the Secretary
of Health, Education, and Welfare who shall convene a panel to
arbitrate the dispute pursuant to Section 6 of the Randolph-Sheppard
Act, and the decision of such panel shall be final and binding on the
parties except as otherwise provided in that act.
19636. The director shall assign adequate personnel to carry out
duties related to the administration of this article. In selecting
personnel to fill any position under this section, the director shall
comply with the discrimination prohibition of subdivision (a) of
Section 12940 of the Government Code. The director shall review
staffing annually. The committee of licensed blind vendors shall be
allowed to provide input regarding the adequacy of the staffing
levels for the Business Enterprises Program prior to the director's
annual review.
19637. The director shall provide to each blind vendor access to
all relevant financial data, including quarterly and annual financial
reports on the operation of the state vending facility program and
access to his or her performance rating or other personal data
maintained by the department in regard to him or her.
A copy of all completed audits, reports, and investigations which
affect the Business Enterprises Program for the Blind shall be sent
to the committee of licensed blind vendors.
19638. (a) The director shall conduct a biennial election by secret
ballot of a committee of licensed blind vendors who shall be fully
representative of all blind licensees in the state program.
Representation shall be no less than one committee member for every
25 licensed vendors. At the discretion of the committee, major issues
may be referred to a subcommittee of blind vendors, or to all the
blind vendors in order to ascertain their views. Only licensed blind
persons operating a facility shall serve on the committee or
subcommittees, or vote in any poll or election authorized under this
article. The members and subcommittee members shall be reimbursed for
their actual and necessary expenses in participating in committee
functions.
(b) The director shall ensure that the participation of the
committee of blind vendors is, at a minimum, equal to that required
by Section 107b-1 of Title 20 of the United States Code. The
responsibilities and actions of the committee of blind vendors shall
include, but not be limited to:
(1) Participation, with the department, in major administrative
decisions and policy and program development. Any implementation of
changes in administrative policy or program development that is
within the discretion of the department shall occur only after review
by this committee of licensed blind vendors.
(2) Receiving grievances of blind vendors and serving as advocates
for the vendors.
(3) Participation, with the department, in the development and
administration of a transfer and promotion system for blind vendors.
(4) Participation, with the department, in developing training and
retraining programs.
(5) Sponsorship, with the assistance of the department, of
meetings and instructional conferences for blind vendors.
(c) The committee of licensed blind vendors may contract for
professional services, including, but not limited to, legal counsel.
Payment for professional services rendered to the committee of
licensed blind vendors shall be made from state vending machine
income pursuant to subdivisions (d) and (e) of Section 19630.
19639. (a) The director shall adopt and promulgate necessary rules
and regulations, in compliance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, and do all things necessary and proper to carry out this
article. The director shall review these regulations for possible
revision at least every three years.
(b) These regulations shall include, but not be limited to:
(1) Uniform procedures for vendor application and termination.
(2) Criteria and standards for selecting vendors and matching
vendors to facilities that shall ensure that the most qualified
person is selected for a facility.
(3) Equipment life standards and service standards for the
inventory, repair, and purchase of equipment, as required under
subdivision (a) of Section 19626.5.
(4) The minimum requirements for installation of a facility.
(5) A fair minimum of return to vendors.
(6) Standards for training, in-service retraining, and upward
mobility.
(7) The policies and procedures used by the department for
collection and deposit or disbursement of all vending facility
income, including, but not limited to, the frequency, rules
regarding, and method of collection of funds from facilities operated
by licensed blind vendors and facilities operated by other
individuals or entities.
(c) The director shall provide a written copy of all rules and
regulations adopted pursuant to this section to all vendors. Upon
request by a vendor, the rules and regulations shall be supplied to
the vendor as an audio recording in lieu of the written copy. In
addition, the director shall notify all vendors of any proposed
changes to the rules and regulations.
19640. (a) The department shall prepare and submit a report to the
committee of licensed blind vendors and to any appropriate
governmental agencies pursuant to Sections 20000 to 20050, inclusive,
of the State Administrative Manual, on or before January 1, 1992,
which shall include all of the following:
(1) A list of all state property (as defined in Section 19625 of
the Welfare and Institutions Code) and federal buildings or property,
which already does or which could accommodate a vending facility as
provided for in this article, or the federal Randolph-Sheppard Act
(20 U.S.C. Sec. 107 et seq.).
(2) For those buildings or locations which have a vending facility
in place, an indication of which facilities are operated by licensed
blind vendors as part of the Business Enterprises Program for the
Blind, and which are operated by private entities.
(3) For those vending facilities operated by a private entity, an
indication of those from which commissions for the Business
Enterprises Program for the Blind have been collected.
(4) For those buildings or locations which do not have vending
facilities in place, an indication of those in which a vending
facility would appropriately be placed, or the reasons, as provided
in paragraph (2) of subdivision (a) of Section 19627, why a vending
facility is not feasible in that building or location.
(b) The director shall obtain all available information from the
Department of General Services to conduct a survey, in every
odd-numbered year on or before June 30 of each odd-numbered year
commencing with 1991, for incorporation into the report required
under subdivision (a). The survey shall include, but not be limited
to, all of the following:
(1) The number and identity of state buildings.
(2) The number and identity of those state buildings which have
vending facilities or machines.
(3) The number of employees located in each building, rather than
in the field, during working hours.
(4) The square footage of the building.
(5) Other appropriate information requested by the department.
(c) In preparing the report required by subdivision (a) and each
of the updates required under subdivision (d), all departments and
agencies which have vending machines or facilities shall cooperate
with the department by providing information from the entities having
care, custody, and control of any vending machines or facility,
including, but not limited to, the terms of contracts for vending
including fiscal terms, and the disbursement practices for vending
machine income. The department shall incorporate this information
into the report.
(d) The report prepared by the department pursuant to this section
shall be updated on or before January 1 of every even-numbered year,
and this biennial update shall also be submitted to the committee of
licensed blind vendors and the Legislature.
(e) The reports and updates required by this section shall be used
by the department and the committee to develop greater opportunities
for placement of blind vendors and vending machines and facilities
on state property.
19640.5. (a) Commencing with the 1991-92 fiscal year, the State
Auditor shall conduct a fiscal audit every third fiscal year, until
January 1, 2002, and a programmatic review and audit every five
years, until January 1, 2003.
(b) The Joint Legislative Audit Committee may review and report on
the audit requirements imposed on the State Auditor by subdivision
(a) on or before January 1, 2002, for the fiscal audit requirement,
and on or before January 1, 2003, for the program review and audit
requirement.
19641. The surviving spouse of a blind vendor operating a facility
pursuant to this article shall have the right after the death of the
blind vendor to operate the facility operated by the blind vendor
immediately prior to his or her death if the spouse meets all of the
following conditions:
(a) The spouse is blind as that term is defined for purposes of
this article.
(b) The spouse has been certified as qualified to operate a
vending facility prior to the death of the blind vendor, even if the
spouse is not currently certified as qualified to operate a vending
facility.
(c) The spouse, within a period of one year after the death of the
blind vendor, becomes certified as qualified to operate a vending
facility by passing a certification examination with a score of at
least 70 percent.
(d) The spouse has assisted the blind vendor in the operation of
the vending facility.
A license shall be issued to a surviving spouse who meets the
requirements in subdivisions (a) through (d). If the spouse needs to
be recertified as qualified to operate a vending facility, the spouse
shall have undergone at least a two-month supervised on-the-job
training experience at the facility which the blind vendor operated.
A spouse seeking to operate a vending facility pursuant to this
section shall be permitted to operate the facility during the
one-year period after the death of the blind vendor operating the
facility without regard to the status of the spouse's certification,
and the spouse shall be eligible during the one-year period after the
death of the blind vendor for any training provided by the
department, or any agency designated by the department, to persons
seeking to become certified as qualified to operate a vending
facility.
This section shall apply to vending facilities where the death of
the blind vendor operating the facility occurs on or after January 1,
1981.
