SB 61 — Revises provisions governing the program for the operation of vending facilities by licensees who are blind. (BDR 38-320)

and (b)4. The hearing officer shall set a date for a hearing.

4.

§§ 107a to 107f, inclusive, and acts amendatory thereto, and the Bureau is authorized to comply with such requirements as may be necessary to qualify for federal approval and achieve maximum federal participation in the Vending [Stand] Facility Program established by NRS 426.630 to 426.715,426.715,ng inclusive, and sections 2 and 3 of this act under such federal statutes.

- *SB61_R1* – 5 – Sec.

- 81st Session (2021) – 5 – 3.

“Operate” means to be responsible for the day-to-day operation of [the] a vending [stand.] facility, including, without limitation, purchasing products for resale, hiring employees and performing other duties associated with managing a vending facility.fac[2.] 4.

[2.] 4.

The term includes, without limitation, a regional transportation commission, an irrigation district or water district created under the laws of the State of Nevada, and all boards, commissions andander committees created by a public entity or the Legislature.

(a) Such buildings, shelters, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment as are necessary or customarily used for the vending of - *SB61_R1* – 6 – such articles or the provision of such services as may be approved by the Bureau and the department or agency having care, custody and control of the building or property in or on which the vending stand is located;

- 81st Session (2021) – 6 – (c) A cafeteria or snack bar for the dispensing of foodstuffs and beverages;

or (d) Portable shelters which can be disassembled and reassembled, and the equipment therein, used for the vending of approved articles, foodstuffs or beverages or the provision of approved services.] an automatic vending machine, cafeteria,cafeteria,of snack bar, cart service, shelter, counter and other appropriate auxiliary equipment that is necessary for the sale of newspapers, periodicals, confections, tobacco products, foods, beverages and other articles or services dispensed or provided automatically or manually.

Have] (a) Except as otherwise provided in subsection 2, have priority of right to operate vending [stands] facilities in or on any public buildings or properties where the locations are determined by the Bureau to be suitable, pursuant to the procedure provided in NRS 426.630 to [426.720,] 426.715, inclusive [.] , and sections 2 and 3 of this act.

Any agreement to operate a vending facility entered into on or after July 1, 2021, by a public entity that has care, custody and control of a public building or - *SB61_R1* – 7 – property with an entity other than the Bureau is void if the Bureau notifies the public entity that it intends to exercise the priority established by this paragraph.

[2.] (b) May operate vending [stands] facilities in or on buildings or properties of the Nevada State Park System, with the approval- of81st theSession Bureau(2021) and– the7 Administrator– of the Division of State Parks .

[, on a parity with any other vendor.]vendor.]Division of (c) May operate vending facilities in or on buildings or properties of the Department of Corrections:

(e) May operate vending facilities in or on a public building or property of an airport authority operating in this State or a department of aviation operated by a political subdivision of this State if:

(b) Set forth the conditions under which the waiver may be revokedrev(c) Be signed by the Administrator of the Division or modified;his or her designee.

and (c) Be signed by the Administrator of the Division or his or her designee.

- *SB61_R1* – 8 – 1.

[Not later than July 1, 1959, notify the Bureau in writing of any and all existing locations where vending stands are in operation - 81st Session (2021) – 8 – or where vending stands might properly and satisfactorily be operated.

2.] Not less than [30] 60 days prior to the request for proposals concerning, occupation of, reactivation [,] of, leasing [,] of, re- leasing [,] of, licensing of or issuance of a permit for operation of any vending [stand,] facility in or on a public building or property, inform the Bureau of such contemplated action.

Written notice must be given to the Bureau by the person or agency having charge of the planning and design of any such projectpro1.ct [:At least once each year in the case of projects proposed for a municipal airport or air navigation facilities owned or operated under the provisions of chapter 496 of NRS or an airport owned or operated by the Reno-Tahoe Airport Authority.

1.

At least once each year in the case of projects proposed for a municipal airport or air navigation facilities owned or operated under the provisions of chapter 496 of NRS or an airport owned or operated by the Reno-Tahoe Airport Authority.

(a) Make surveys of public buildings [or] and properties to determine their suitability as locations for vending [stands] facilities - *SB61_R1*81st Session (2021) – 9 – to be operated by [persons who are blind] licensees and advise the heads of [departments or agencies charged with the maintenance]maintenance]the the public entities that have care, custody and control of the public buildings or properties of its findings.

The agreements [may concern finances, management, operation and other matters concerning the stands.] must prescribe the responsibilities of the licensee and the Bureau to ensure the efficient operation of the vending facility.

The regulations must provide a method for setting aside money from the [revenues]for netthe proceedspayment ofand vendingcollection [stands]thereof.nds] facilities and provide for2. the payment and collection thereof.

2.

If the public entity reaches agreement with the Bureau regarding the operation of a - 81st Session (2021) – 10 – vending facility at the location, the public entity shall cooperate with the Bureau to ensure the establishment of one or more - *SB61_R1* – 10 – vending facilities in or on the public building or property.

The Bureau may enter into a contract with such a public entity concerningcon3. the operation of the vending facilities.

3.

(d) Procedures to terminate the license of a licensee who is improperlyimp(e) operatingA process for providing an opportunity for a vendinghearing facility.for a licensee who is aggrieved by an action of the Bureau.

(e) A process for providing an opportunity for a hearing for a licensee who is aggrieved by an action of the Bureau.

Such a prohibited [fee or assessment] payment- includes,81st withoutSession limitation,(2021) – 11 – landscaping or a common area.itation, a fee for the maintenance of landscaping(b) orMay enter into an agreement with the Bureau to recover the increases in utility costs [or other expenses] where there is a commondirect, area.measurable and proportional increase in such costs [or expenses] as a result of the operation of the vending [stand.

(b) May enter into an agreement with the Bureau to recover the increases in utility costs [or other expenses] where there is a direct, - *SB61_R1* – 11 – measurable and proportional increase in such costs [or expenses] as a result of the operation of the vending [stand.

The Bureau shall not agree to any payment that reducesvending thefacility profitsis ofnot theviable.ing vending facility to the extent that the vending7. facility is not viable.

7.

(b) Except as otherwise provided in subsection [4,] 5, remain in thethe(c) AccountBe andused notfor: revert to the State General Fund.

(c)revert Beto usedthe for:State General Fund.

[and] (3) Management services, including, without limitation, supervision, inspection, quality control, consultation, accounting, regulating, in-service training and other related services provided - 81st Session (2021) – 12 – on a systematic basis to support and improve vending facilities;

3.are exempt from the provisions of the State Purchasing Act at the discretion of the Administrator of the Purchasing Division of the Department of Administration or his or her designated representative .

Purchases made pursuant to paragraph (c) of subsection 2 are exempt from the provisions of the State Purchasing Act at the - *SB61_R1* – 12 – discretion of the Administrator of the Purchasing Division of the Department of Administration or his or her designated representative .

and (b) Distribute any money remaining in the Account to each [such operator] licensee in [the same] proportion [as the money deposited in the Account and attributable to that operator bears to all the money remaining in the Account.] to the amount of time that  The Division shall, in consultation with the licenseeNevada hasCommittee heldof his[Blind] Vendors Who Are Blind or herits license.successor organization, adopt regulations to carry out the provisions of this subsection.

 The Division shall, in consultation with the Nevada Committee of [Blind] Vendors Who Are Blind or its successor organization, adopt regulations to carry out the provisions of this subsection.

The Bureau may, in interim periods when a licensee [who is blind] is not available to operate a vending facility and its continuous operation is required, establish a checking account in a depository bank or credit union qualified to receive - 81st Session (2021) – 13 – deposits of public money pursuant to chapter 356 of NRS.

All money received from the vending facility during the interim period must be deposited to the account, and all expenses necessary to maintain the interim operation of the facility must be paid from the account.acc2.nt.If the licensee [who is blind] who operated the vending facility returns after a temporary disability [,] less than 6 months after becoming unavailable to operate the vending facility because of the disability, the Bureau shall prepare a financial report and close the checking account by making a check in the amount of any balance remaining in the account payable to the licensee.

2.

If the licensee [who is blind] who operated the vending facility returns after a temporary disability [,] less than 6 months after becoming unavailable to operate the vending facility because - *SB61_R1* – 13 – of the disability, the Bureau shall prepare a financial report and close the checking account by making a check in the amount of any balance remaining in the account payable to the licensee.

426.685privately 1.owned buildings,] facility in or on a building or property that is not a public building or property if the [building] owner [in each instance] of the building or property consents and enters into a contract [or other agreement approved by] with the Bureau.

The Bureau may establish a vending [stands in privately owned buildings,] facility in or on a building or property that is not a public building or property if the [building] owner [in each instance] of the building or property consents and enters into a contract [or other agreement approved by] with the Bureau.

(b) May] may enter into [an agreement] a contract with the Bureau [to recover the increases in utility costs or other expenses where- there81st isSession a(2021) direct,– measurable14 and– proportional increase in such costs or expenses as a result of the operation of the vending stand.stand.h  Any provision in a contract or other agreement relating to a vending stand established pursuant to subsection 1 that conflicts with this subsection is void.] that requires the licensee to pay an incentive to the owner of the building or property.

 Any provision in a contract or other agreement relating to a vending stand established pursuant to subsection 1 that conflicts with this subsection is void.] that requires the licensee to pay an incentive to the owner of the building or property.

- *SB61_R1* – 14 – Sec.

426.690 [Vending stands] A vending facility operated under the provisions of NRS 426.630 to [426.720,] 426.715, inclusive, [shall] and sections 2 and 3 of this act must be used solely for the vending of such commodities , [and] articles and services as may be approved by the Bureau and [by the head of] the [department or agency in charge of the maintenance] public entity that has care, custody and control of the public building or property in or on whichwhiSec. [such stand] the vending facility is operated.

Sec.

2.

The provisions of chapter 446 of NRS.

Such corporations or agencies must be reimbursed for their actual and necessary expenses by the operators of the vending stand units - 81st Session (2021) – 15 – which compose the Vending Stand Program in accordance with such rules and regulations as may be adopted by the Bureau and approved by the Department.] to manage any portion of the operations of the Vending Facility Program, including, without limitation, supervisingcomply orwith managing34 aC.F.R. licensee.

Any§ such395.15.see. arrangement must comply with 34 C.F.R.

§Any 395.15.such arrangement must Sec.

Sec.

- *SB61_R1* – 15 – 1.

A person who is raising money for the charitable activities of a corporation organized for educational, religious, scientific, charitable or eleemosynary purposes under the provisions of chapter 82 of NRS;

6.restaurant to a public employee who is located in or on the public building or property pursuant to an order or purchase as described in subsection 5;

A person who is delivering food or beverages from a restaurant to a public employee who is located in or on the public building or property pursuant to an order or purchase as described in subsection 5;

The sheriff or chief of police of a city may establish and operate in each jail in his or her jurisdiction a commissary to sell to prisoners committed to the jail food, beverages, toiletries and such other items as may be approved by the - 81st Session (2021) – 16 – sheriff or chief of police.

(a) Keep accurate books and records of all transactions which take place at the commissary;

andandcords of all transactions which (b) Submit reports of these books and records to the board of county commissioners or governing body of the city, as appropriate, at such times as may be required by the board or governing body.

- *SB61_R1* – 16 – 4.

(c) Except as otherwise provided by a specific statute, direct the divisions to share information in their records with agencies of local governments which are responsible for the collection of debts or obligationsmaintained ifunder the confidentialityterms ofand conditions required by law;therwise (d) Provide the employment and wage information isto otherwisethe maintainedBoard underof Regents of the termsUniversity andof conditionsNevada for purposes of the reporting required of the Board of Regents by law;subsection 4 of NRS 396.531;

(d) Provide the employment and wage information to the Board of Regents of the University of Nevada for purposes of the reporting required of the Board of Regents by subsection 4 of NRS 396.531;

(2)- Provide81st theSession report(2021) to– the17 Governor’s– Workforce Investment Board and all applicable agencies for the purposes of subsection 5 of NRS 232.935;

- *SB61_R1* – 17 – 3.

Sec.277A.320 NRS 1.

22.In a county whose population is 700,000 or:

NRSmore, 277A.320the iscommission herebymay amendedprovide tofor readthe asconstruction, follows:installation and maintenance of vending [stands] facilities for passengers of public mass transportation in any building, terminal or parking facility owned, operated or leased by the commission.

277A.320 1.

In a county whose population is 700,000 or more, the commission may provide for the construction, installation and maintenance of vending [stands] facilities for passengers of public mass transportation in any building, terminal or parking facility owned, operated or leased by the commission.

and (2) The Bureau of Services to Persons Who Are Blind or Visually Impaired, including, without limitation, the Vending [Stand] Facility Program [for Persons Who Are Blind authorized] established by NRS 426.630 to [426.720,] 426.715, inclusive [.] , and sections 2 and 3 of this act.

The bank or credit union shall secure the deposit with a depository - 81st Session (2021) – 18 – bond satisfactory to the State Board of Examiners, unless it is otherwise secured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 672.755.

3.the Administrator shall present a claim to the State Board of, Examiners.

After expenditure of money from the Revolving Account, the Administrator shall present a claim to the State Board of Examiners.

Purchases paid for from the Rehabilitation Division Revolving Account for the purposes authorized by subsection 1 may -be *SB61_R1*exempt –from 18the –provisions of the State Purchasing Act at the discretion of the Administrator of the Purchasing Division of the Department of Administration or the designated representative of the Administrator.

TEXT~~~~~ OF21 REPEALED- SECTIONS81st 426.680Session Review(2021) of recommendation of Bureau if agency rejects establishment of vending stand.

1.

If, after a vending stand survey as authorized by NRS 426.670, the head of a department or agency in charge of the maintenance of any public building or property rejects or does not act upon a written recommendation of the Bureau that a vending stand be established or operated for the employment of persons who are blind, the matter must be referred to the Director of the Department of Employment, Training and Rehabilitation for review.

2.

After reviewing the recommendation of the Bureau, the Director may refer the matter to the head of the department or agency concerned for further review and disposition.

3.

If the Director is not satisfied with the decision of the head of the department or agency concerned, the Director may refer the mat(a) The Governor, in the case of state buildings or properties.

(b) The board of county commissioners, in the case of county buildings or properties.

(c) The city council or other governing board of the municipality in the case of municipal buildings or properties.

(d) The governing board of the political subdivision in the case of buildings or properties of other political subdivisions of this State.

426.720 Applicability of provisions to operators of vending stands.

1.

Persons operating vending stands in public buildings or on public properties as defined in NRS 426.630 prior to March 13, 1959, shall not be affected by the provisions of NRS 426.630 to 426.720, inclusive, except and only insofar as provided by subsection 2 of NRS 426.650.

vending stand in or on public buildings or properties who desires to avail himself or herself of the advantages of the Program authorized - *SB61_R1* – 19 – by NRS 426.630 to 426.720, inclusive, shall have the right to do so, and in such instance, the Bureau may negotiate and consummate may deem necessary for the satisfactory operation of the vending it stand.

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