Existing law requires a state or local department or agency to notify the Bureau at least 30 days before reactivation, leasing, releasing, licensing or issuing a permit for the operation of a vending(1) facilitymoves inback orthe ondeadline afor publicsuch buildingnotification orto property.at least [90] 60 days before the planned:

(NRSaction; 426.650) Section 8 of this bill:

(1)and moves(2) backadditionally therequires deadlinea forstate suchor notification[local todepartment or agency] public entity to notify the Bureau at least [90] 60 days before requesting proposals for, or occupying, a vending facility in or on a public building or property.

(NAC 426.080) Section 11 requires the Bureau to provide for the election of the Nevada Committee of Vendors Who Are Blind and provides for the active participation of the Committee in administrative decisions concerning the Vending Facility Program.

(1) adopt certain regulations relating contracts relating to the operation of vendingthe facilities.Vending Facility Program;

Sectionand 12(2) ofenter thisinto bill authorizes the Bureau to use certain moneycontracts itrelating receives pursuant to the Vendingoperation Facility Program for services related to the management of thevending Program.facilities.

Existing[Section law:11 authorizes a licensee, with the approval of the Bureau, to utilize a third-party vendor to carry out any responsibilities relating to the operation of a vending facility.] Section 12 of this bill authorizes the Bureau to use certain money it receives pursuant to the Vending Facility Program for services related to the management of the Program.

(1)Senate authorizesAmendment theNo. Bureau to establish a checking account for the interim operation of a vending facility if the licensee who operates the facility is unavailable;

and176 (2) requires the Bureau to closeSenate suchBill anNo. account and make a check payable to the licensee for the remaining balance of the account if the licensee returns after a temporary disability.

61 Page 5 Existing law:

(1) authorizes the Bureau to establish a checking account for the interim requires the Bureau to close such an account and make a check payable to the licensee for the (2) remaining balance of the account if the licensee returns after a temporary disability.

- 81st Session (2021) – 3 – Existing law authorizes the Bureau to establish a vending facility on private property if the property owner consents and enters into a contract with the Bureau.

(NRS 428.685) Section 14 of this bill authorizes the Bureau to enter into such a contract pursuant to which the licensee may pay an incentive to the property owner for certain locations.

(1) authorizes the Bureau, after actively consulting with the Committee of Vendors Who Are Blind, to utilize a nonprofit organization to manage any portion of the operations of the Vending Facility Program;

and (2) requires any such arrangement to comply with certain federal criminal penalties for certain sales, solicitations of ordersfederal forregulations. or deliveries of commodities authorized for sale in or on any public building or property.

Section 19 of this bill adds further exceptions from the existing criminal penalties for certain sales, solicitations of orders for or deliveries of commodities authorized for sale in or on any public building or property.

EXPLANATIONTHE –PEOPLE MatterOF inTHE boldedSTATE italicsOF isNEVADA, new;REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matterSection between1. brackets [omitted material] is material to be omitted.

THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.

The Bureau may designate not more than two vending facilities as training sites to be operated by the Bureau or a third-third-party party vendor.

Except as otherwise provided in subsection 2, if a dispute arises between a [department or agency] public entity that has care, custody and control of a public building or property and the Bureau concerning any matter related to the Vending Facility Program, either party may file a complaint describing the dispute with the Hearings Division of the Department of Administration.

or - 81st Session (2021) – 4 – (b) Award damages as a result of a hearing on a complaint filed pursuant to this section.

(b)(a) The hearingHearings officerDivision shall setappoint a datehearing forofficer; a hearing.er;

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

4.

5.Senate Amendment No.

A176 decision of the hearing officer made pursuant to thisSenate sectionBill isNo. a final decision for purposes of judicial review and may be appealed to the district court pursuant to the provisions of chapter 233B of NRS.

61 Page 6 5.

A decision of the hearing officer made pursuant to this section is a final decision for purposes of judicial review [.] and may be appealed to the district court pursuant to the provisions of chapter 233B of NRS.

§§ 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,ng426.715, inclusive, and sections 2 and 3 of this act under such federal statutes.

- 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 fac[2.]facility. 4.

“Public[2.] [building”4. or “property”] building or property”:

“Public [building” or “property”] building or property” :

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 anderand 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 such articles or the provision of such services as may be approved by the Bureau and the department or agency having care,Senate custodyAmendment andNo. control of the building or property in or on which the vending stand is located;

176 to Senate Bill No.

61 Page 7 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,ofcafeteria, 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 [exclusive] 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 [department or agency] public entity that has care, custody and control of a public building or property with an entity other than the Bureau is void if the Bureau notifies the [department or agency] 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 81stof Sessionthe (2021)Bureau –and 7the –Administrator of the Division of State Parks .

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

(d) May operate vending facilities in or on buildings or properties of the Nevada System of Higher Education, including, without limitation, in or on buildings or properties of a university, state college or community college within the System, with the approval of the Bureau and the System or the university, stateSenate collegeAmendment orNo. community college having care, custody and control of the building or property.

(e)176 Mayto operateSenate vendingBill facilitiesNo. in or on a public building or department of aviation operated by a political subdivision of this State if:

61 Page 8 state college or community college having care, custody and control of the building or property.

(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:

Upon determining that a location is not suitable for a vending facility to be operated by a licensee, the Bureau may waive the [exclusive] priority established by paragraph (a) of subsection 1.

The waiver must:must [be] :

(a) Be in writing;writing [and] ;

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

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

[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][30 90] 60 days prior to the request for proposals concerning, occupation of, reactivation [,] of, leasing [,] of, re-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.

Inform the Bureau of any locations where such vending [stands] facilities are planned [or might properly and satisfactorily be operated] in or about other public buildings or properties as may now or thereafter come under the jurisdiction of [the department or agency for maintenance,] a public entity, such information to be given not less than [30][30 90] 60 days prior to the request for proposals concerning, occupation of, reactivation of, leasing [,] of, re-leasing [,] of, licensing of or issuance of permit for operation of any vending [stand] facility in or on such public building or [on such] property.

Written notice must be given to the Bureau by the person or agency having charge of the planning and design of any such pro1.ctproject 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.

[for all other projects.] Sec.Senate Amendment No.

176 to Senate Bill No.

61 Page 9 Sec.

(a) Make surveys of public buildings [or] and properties to determine their suitability as locations for vending [stands] facilities -to 81stbe Sessionoperated (2021)by –[persons 9who –are blind] licensees and advise the heads of [departments or agencies charged with the maintenance]themaintenance] 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 for[revenues] thenet paymentproceeds andof collectionvending thereof.nds][stands] facilities and provide 2.for the payment and collection thereof.

If2. a survey conducted pursuant to paragraph (a) of subsection 1 indicates that a public building or property is a suitable location for a vending facility to be operated by a licensee and the Bureau wishes to exercise, on behalf of the licensee, the priority of the licensee, the public entity that has care, custody and control of the public building or property shall cooperate with the Bureau to discuss options for a vending facility.

If thea publicsurvey entityconducted reachespursuant agreementto withparagraph the(a) Bureauof regardingsubsection the1 operationindicates ofthat a -public 81stbuilding Sessionor (2021)property –is 10a –suitable vendinglocation facilityfor ata thevending location,facility theto publicbe entityoperated shallby cooperatea withlicensee and the Bureau wishes to ensureexercise, on behalf of the establishmentlicensee, the [exclusive] priority of onethe licensee, the [department or moreagency] vendingpublic facilitiesentity inthat orhas oncare, custody and control of the public building or property.property shall cooperate with the Bureau to discuss options for a vending facility.

TheIf the public entity reaches agreement with the Bureau mayregarding enterthe intooperation of a contractvending withfacility suchat athe location, the public entity con3.shall cooperate with the Bureau to ensure the establishment of one or more vending facilities in or on the public building or property.

The Bureau may enter into a contract with such a [department or agency] public entity concerning the operation of the vending facilities.

3.

These contracts must include provisions for the payment of [commissions] money to the Bureau based on [revenues]Senate netAmendment proceedsNo. from the vending [stands.] facilities.

176 to Senate Bill No.

61 Page 10 [revenues] net proceeds from the vending [stands.] facilities.

(d) Procedures to terminate the license of a licensee who is imp(e)improperly Aoperating process for providing an opportunity for a hearingvending forfacility. 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 81stincludes, Sessionwithout (2021)limitation, – 11 – landscaping or a common area.itation, a fee for the maintenance of (b)landscaping Mayor enter into an agreement with the Bureau to recover the increases in utility costs [or other expenses] where there is a direct,common measurablearea. 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, measurable and proportional increase in such costs [or expenses] as a result of the operation of the vending [stand.

The Bureau may, at its discretion, enter into a contract with a [department or agency] public entity that has care, custody and control of a public building or property that contains provisions that are less restrictive than the provisions of this section, including, without limitation, provisions for the payment of an incentive by a licensee to the [department or agency,] public entity, if the Bureau, in its discretion, determines that the circumstances justify such less restrictive provisions.

The establishment of a vending facility must not, under any circumstances, be contingent upon the payment of an incentive to a [department or agency.] public entity.

The Bureau shall not agree to any payment that vendingreduces facilitythe isprofits notof viable.ingthe vending facility to the extent that the 7.vending facility is not viable.

Any7. provision in a lease, licensing agreement, contract or other agreement relating to a vending [stand] facility established pursuant to this section that conflicts with this [subsection] section is void.

Sec.[With the approval of the Bureau, a licensee may utilize a third-party vendor to carry out any responsibilities of the licensee relating to the operation of a vending facility.

8.] Any provision in a lease, licensing agreement, contract or other agreement relating to a vending [stand] facility established pursuant to this section that conflicts with this [subsection] section is void.

Senate Amendment No.

176 to Senate Bill No.

61 Page 11 Sec.

(b) Except as otherwise provided in subsection [4,] 5, remain in the(c)the BeAccount usedand for:not revert to the State General Fund.

revert(c) toBe theused Statefor: 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;

are3. 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 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 Nevadalicensee Committeehas ofheld [Blind]his Vendors Who Are Blind or itsher successorlicense. 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.

Sec.Senate Amendment No.

176 to Senate Bill No.

61 Page 12 Sec.

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 acc2.nt.Ifaccount. 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 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.

privately426.685 owned1. 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 81stthere Sessionis (2021)a –direct, 14measurable –and proportional increase in such costs or expenses as a result of the operation of the vending stand.hstand.  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.

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 servicesSenate asAmendment mayNo. 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 whiSec.

176 to Senate Bill No.

61 Page 13 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 which [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, complysupervising withor 34managing C.F.R.a licensee.

§Any 395.15.see.such arrangement must comply with 34 C.F.R.

Any§ such395.15. arrangement must Sec.

Sec.

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;

restaurant6. 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;

7.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;

Senate Amendment No.

176 to Senate Bill No.

61 Page 14 7.

This subsection must not be construed to limit the [exclusive] priority of right established in NRS 426.640.

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;

andcordsand 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.

(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 maintainedobligations underif the termsconfidentiality andof conditions required by law;therwise (d) Provide the employment and wage information tois theotherwise Boardmaintained ofunder Regents of the Universityterms ofand Nevadaconditions for purposes of the reporting required of the Board of Regents by subsectionlaw; 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) 81stProvide Sessionthe (2021)report –to 17the –Governor’s Workforce Investment Board and all applicable agencies for the purposes of subsection 5 of NRS 232.935;

and (3)Senate PostAmendment onNo. the Internet website of the Department the written report provided by the Governor’s Workforce Investment Board pursuant to subsection 5 of NRS 232.935.

176 to Senate Bill No.

61 Page 15 (3) Post on the Internet website of the Department the written report provided by the Governor’s Workforce Investment Board pursuant to subsection 5 of NRS 232.935.

277A.320Sec. NRS 1.

In22. a county whose population is 700,000 or:

more,NRS the277A.320 commissionis mayhereby provideamended forto theread construction,as installationfollows: 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.

the3. 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.

Sec.Senate Amendment No.

176 to Senate Bill No.

61 Page 16 Sec.

~~~~~TEXT 21OF -REPEALED 81stSECTIONS Session426.680 (2021)Review 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 matter for final decision and disposition to:

(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.

2.

Any person who is blind who is presently operating a vending stand in or on public buildings or properties who desires to avail himself or herself of the advantages of the Program authorized 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 arrangements for the purchase of such vending stand equipment as it may deem necessary for the satisfactory operation of the vending stand.