Blind Vendors; Private Lawyers

Allows Randolph-Sheppard revolving account to be used to hire
private attorneys for the state committee of blind vendors.
Requires transfer of $30,000 annually from the account to the
state committee's bank account. (SD1)

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

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 347-12.5, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "[[]347-12.5[]]  Randolph-Sheppard revolving account.(a)
 4 There is established within the state treasury the Randolph-
 5 Sheppard revolving account.  The revolving account shall be used
 6 by the department of human services for:
 7      (1)  The provision of the following benefits for blind
 8           vendors:
 9           (A)  A retirement or pension plan;
10           (B)  Health insurance; and
11           (C)  Sick and vacation leave;
12      (2)  The maintenance and replacement of equipment used in
13           the blind vending program;
14      (3)  The purchase of new equipment to be used in the blind
15           vending program; and
16      (4)  The provision of management services, which shall
17           include, but not be limited to:
18           (A)  The hiring of consultants;
19           (B)  The sponsoring of training seminars;

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                                     S.B. NO.           S.D. 1

 1           (C)  Transportation;
 2           (D)  Per diem for vendors to attend meetings of the
 3                state committee of blind vendors;
 4           (E)  Services for the state committee of blind
 5                vendors[;] including the hiring of private
 6                attorneys; and
 7           (F)  Other costs related to the blind vending program.
 8      (b)  Income from vending machines on federal, state, and
 9 county properties that are within reasonable proximity to, and in
10 direct competition with, a blind vendor may be deposited into the
11 revolving account and then disbursed to the blind vendor.
12      (c)  The revolving account shall consist of funds derived
13 from:
14      (1)  Vending machine income generated by federal, state, and
15           county operations;
16      (2)  Any other legally accepted source of income; and
17      (3)  Donations[.];
18 provided that, beginning on July 1, 1999, any moneys deposited in
19 the revolving account that are derived from vending machine
20 income shall be identified as to whether the income is generated
21 from federal, or state, or county operations, and all federal
22 moneys shall be segregated into a federal source subaccount.
23      (d)  Notwithstanding any law to the contrary, the state
24 committee of blind vendors may spend not more than $30,000 from

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 1 the revolving account for each fiscal year for the purposes of
 2 this section; provided that no moneys from the federal source
 3 subaccount may be used for the hiring of private attorneys.  At
 4 the beginning of each fiscal year, the director of human services
 5 or the director's designee shall transfer $30,000 from the
 6 revolving account to an interest bearing account in a federally-
 7 insured financial institution; provided that no moneys from the
 8 federal source subaccount may be transferred for the purpose of
 9 expenditures for the hiring of private attorneys.  The account
10 shall be:
11      (1)  Selected by the state committee of blind vendors; and
12      (2)  In the name of the state committee of blind vendors.
13      The department of human services shall report to the
14 legislature no later than sixty days following the close of each
15 fiscal year on activities and current balance of the revolving
16 fund."
17      SECTION 2.  Statutory material to be repealed is bracketed.
18 New statutory material is underscored.
19      SECTION 3.  This Act shall take effect upon its approval.