North Carolina SB 1111: Vending Facilities Operation.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 1991 
 
 
CHAPTER 984 
SENATE BILL 1111 
 
AN   ACT   TO   PROVIDE   THAT   BLIND   PERSONS   SHALL   BE   GRANTED   
PREFERENCE  IN  THE  OPERATION  OF  VENDING  FACILITIES  ON  NORTH  
CAROLINA HIGHWAYS. 
 
The General Assembly of North Carolina enacts: 
 
Section 1.  G.S. 111-43 reads as rewritten: 
"§ 111-43.  Installation of coin-operated vending machines. 
In  locations  where  the  Department  determines  that  a  vending  facility  may  not  be  
operated  or  should  not  continue  to  operate  due  to  insufficient  reve
nues, revenues  to  
support a blind vendor or due to the lack of qualified blind applicants, the Department 
shall have the first opportunity to secure, by negotiation of a contract with one or more 
licensed commercial vendors, coin-operated vending machines for the location.  Profits 
from  coin-operated  vending  machines  secured  by  the  Department  shall  be  used  by  the  
Department  for  the  support  of  vending  facilities  operated  by  the  visually  handicapped,  
except  for  up  to  $300,000  of  the  highway  vending  profits  each  fiscal  year  that  may  be  
used  to  support  the  Medical  Eye  Care  Program  and  to  provide  needed  technological  
equipment and related activities within the Division. programs that enable blind people 
to  live  more  independently,  including  medical,  rehabilitation,  independent  living,  and  
educational services offered by the Division of Services for the Blind." 
Sec. 2.  G.S. 111-47 reads as rewritten: 
"§ 111-47.  Exclusions. 
(a)  This  Article  is  not  intended  to  cover  food  services  provided  by  hospitals  or  
residential  institutions  as  a  direct  service  to  patients,  inmates,  trainees,  or  otherwise  
institutionalized persons. 
persons, nor to cover coin-operated vending machines located 
in State facilities operated under the authority of G.S. 122C. 
(b)  This  Article  shall  not  prohibit  the  continued  use  of  coin-operated  vending  
machines  currently  the  property  of  the  Division  of  Services  for  the  Blind  of  the  
Department of Human Resources and now part of the vending-stand program." 
Sec.  3.    Chapter  111  of  the  General  Statutes  is  amended  by  adding  a  new  
Article to read: 
"ARTICLE 4.
 
"Operation of Highway Vending Facilities
 
on North Carolina Highways.
 
"§ 111-48.  Preference to blind persons in operation of highway vending facilities.
 
In  order  to  provide  support  for  programs  for  the  blind  and  to  further  promote  
employment opportunities for blind persons, the Department of Human Resources may 

 
Page 2 S.L. 1991-984 Senate Bill 1111 
operate automatic vending machines on State property on North Carolina highways and 
shall give preference to blind persons in the operation of these facilities. 
"§ 111-49.  Definitions as used in this Article.
 
(a)
  'Automatic  vending'  means  a  coin,  currency,  token,  ticket,  or  credit  card  
operated machine that dispenses food, drinks, or sundries. 
(b)
 'Blind vendor' means a blind person, as specified in G.S. 105-249(b), who has 
been licensed by the Division of Services for the Blind to operate a vending stand in a 
public building. 
(c)
  'Highway  vending  facilities'  means  automatic  vending  operations  located  on  
North Carolina highways in Welcome Centers and rest areas designated by the State. 
"§ 111-50.  Operations of highway vending.
 
(a)
  In  locations  on  North  Carolina  highways  where  the  Department  of  Human  
Resources determines that automatic vending is suitable, the Department shall authorize 
the Division of Services for the Blind to contract with blind vendors in the operation of 
highway  vending  facilities.    The  contracts  shall  be  reviewed  and  renegotiated  by  the  
Division  every  two  years  and  shall  be  reviewed  by  the  Transfer  and  Promotion  
Committee.    The  Commission  for  the  Blind  shall  adopt  rules  necessary  to  govern  the  
operations.    The  highway  vending  program  shall  be  a  part  of  the  Business  Enterprises  
Program operated under the Randolph-Sheppard Act, 20 U.S.C. § 107a. 
(b)
 Profits returned to the Division shall be based upon operator net income and 
determined as follows: 
(1)
       The   Division   shall   charge   seventeen   percent   (17%)   set-aside   on   
operator net income up to two and one-half times the average operator 
income for the previous State fiscal year. 
(2)
 The Division shall charge fifty percent (50%) set-aside on operator net 
income  between  two  and  one-half  and  three  and  one-half  times  the  
average operator income for the previous State fiscal year. 
(3)
  The  Division  shall  charge  sixty-five  percent  (65%)  set-aside  on  all  
operator net income over three and one-half times the average operator 
income for the previous State fiscal year. 
"§ 111-51.  Priority for specific blind vendors.
 
Blind  ve