Blind Vendors; Private Lawyers

Allows the Randolph-Sheppard revolving account to be used to hire
private attorneys for the state committee of blind vendors only
after the committee first seeks representation from the AG and
the AG either deems itself unable and unwilling to provide
counsel or the committee finds the AG's representation
inadequate.  Requires the transfer of $30,000 annually from the
account to the state committee's bank account.  (SB1499 HD1)

THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 347, Hawaii Revised Statutes, is amended
 2 by adding a new section to be appropriately designated and to
 3 read as follows:
 4      "347-     Hiring outside counsel.  The state committee of
 5 blind vendors may hire private attorneys; provided that:
 6      (1)  The state commission of blind vendors first seek
 7           representation by the attorney general; and
 8      (2)  The attorney general is unable or unwilling to provide
 9           representation to the state committee of blind vendors;
10           or
11      (3)  The state committee of blind vendors finds that the
12           attorney general's representation is inadequate.
13      The attorney general shall determine if it is unable or
14 unwilling to provide representation within thirty days upon
15 receipt of the request for representation."
16      SECTION 2.  Section 347-12.5, Hawaii Revised Statutes, is
17 amended to read as follows:
18      "[[]347-12.5[]]  Randolph-Sheppard revolving account.(a)
19 There is established within the state treasury the Randolph-

Page 2                                                     1499
                                     S.B. NO.           S.D. 1
                                                        H.D. 1

 1 Sheppard revolving account.  The revolving account shall be used
 2 by the department of human services for:
 3      (1)  The provision of the following benefits for blind
 4           vendors:
 5           (A)  A retirement or pension plan;
 6           (B)  Health insurance; and
 7           (C)  Sick and vacation leave;
 8      (2)  The maintenance and replacement of equipment used in
 9           the blind vending program;
10      (3)  The purchase of new equipment to be used in the blind
11           vending program; and
12      (4)  The provision of management services, which shall
13           include[,] but not be limited to:
14           (A)  The hiring of consultants;
15           (B)  The sponsoring of training seminars;
16           (C)  Transportation;
17           (D)  Per diem for vendors to attend meetings of the
18                state committee of blind vendors;
19           (E)  Services for the state committee of blind
20                vendors[;] including the hiring of private
21                attorneys pursuant to section 347-   ; and
22           (F)  Other costs related to the blind vending program.

Page 3                                                     1499
                                     S.B. NO.           S.D. 1
                                                        H.D. 1

 1      (b)  Income from vending machines on federal, state, and
 2 county properties that are within reasonable proximity to, and in
 3 direct competition with, a blind vendor may be deposited into the
 4 revolving account and then disbursed to the blind vendor.
 5      (c)  The revolving account shall consist of funds derived
 6 from:
 7      (1)  Vending machine income generated by federal, state, and
 8           county operations;
 9      (2)  Any other legally accepted source of income; and
10      (3)  Donations[.];
11 provided that, beginning on July 1, 1999, any moneys deposited in
12 the revolving account that are derived from vending machine
13 income shall be identified as to whether the income is generated
14 from federal, state, or county operations, and all federal moneys
15 shall be segregated into a federal source subaccount.
16      (d)  Notwithstanding any law to the contrary, the state
17 committee of blind vendors may spend not more than $30,000 from
18 the revolving account for each fiscal year for the purposes of
19 this section; provided that no moneys from the federal source
20 subaccount may be used for the hiring of private attorneys.  At
21 the beginning of each fiscal year, the director of human services
22 or the director's designee shall transfer $30,000 from the
23 revolving account to an interest bearing account in a federally-

Page 4                                                     1499
                                     S.B. NO.           S.D. 1
                                                        H.D. 1

 1 insured financial institution; provided that no moneys from the
 2 federal source subaccount may be transferred for the purpose of
 3 expenditures for the hiring of private attorneys.  The account
 4 shall be:
 5      (1)  Selected by the state committee of blind vendors; and
 6      (2)  In the name of the state committee of blind vendors.
 7      The department of human services shall report to the
 8 legislature no later than sixty days following the close of each
 9 fiscal year on activities and current balance of the revolving
10 fund."
11      SECTION 3.  There is appropriated out of the general
12 revenues of the State of Hawaii the sum of $30,000 or so much
13 thereof as may be necessary for fiscal year 1999-2000 to carry
14 out the purposes of the Randolph-Sheppard revolving account.
15      The sum appropriated shall be expended by the department of
16 human services for the purposes of this Act.
17      SECTION 4.  Statutory material to be repealed is bracketed.
18 New statutory material is underscored.
19      SECTION 5.  This Act shall take effect upon its approval;
20 provided that:
21      (1)  Section 3 shall take effect on July 1, 1999; and
22      (2)  This Act shall be repealed on June 30, 2001.