RESOLUTION

WHEREAS, the federal Randolph-Sheppard Vending Stand Act, as amended, grants priority to blind persons, whenever feasible, in the establishment and operation of vending facilities, including vending machines, on federal property; and

WHEREAS, Section 102-14, Hawaii Revised Statutes, promotes the objectives of the Randolph-Sheppard Vending Stand Act, by granting comparable priority to blind persons to operate and establish vending facilities and machines in state and county public buildings; and

WHEREAS, Hawaii's fire fighters have relied for decades on moneys from vending machines located at their fire stations to buy provisions and amenities needed for their living quarters at the fire stations, where they reside, prepare and take meals, and are on-call twenty-four hours per day; and

WHEREAS, the Department of Human Services' recent assertion of jurisdiction over county buildings under section 102-14, Hawaii Revised Statutes, after over two decades of systematically failing to do so, has left the fire fighters with no option other than paying for provisions and amenities required for their living quarters out of their own pockets; and

WHEREAS, most states, including Hawaii, have created exemptions to the grant of priority for blind vendors based on the type, size, or occupancy level of the facilities; and

WHEREAS, for example, the Judiciary Historical Center facilities in the Ali'iolani Hale building are exempt from the grant of priority for blind vendors after the Legislature found the exemption to be an economically viable way to keep an important program alive; and

WHEREAS, an exemption from the grant of priority for blind vendors has also been granted to the University of Hawaii system, public library system facilities, Department of Education facilities, Department of Transportation airport and harbor restaurant and lounge facilities and operations, public parks, and state and county facilities designed and intended for use as facilities for entertainment and other public events; and

WHEREAS, while there is precedent for providing for an exemption, in the interest of achieving a solution that is of mutual benefit to fire fighters and blind vendors alike, the Legislature finds that the feasibility of working out a memorandum of understanding for the sharing of revenues from vending machines on fire station premises by fire fighters and the state licensing agency for blind vendors warrants exploration; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-Third Legislature, Regular Session of 2005, the House of Representatives concurring, that the Department of Human Services and the counties of the State are requested to develop and implement strategies for the continued use by fire fighters of the revenues from vending machines on their premises, including but not limited to entering into a memorandum of understanding that provides for the sharing with county fire fighters of revenues from vending machines located at county fire stations; and

BE IT FURTHER RESOLVED that the Department of Human Services is requested to report the progress of its strategy development and implementation, as well as its findings and any recommendations it may have to the Legislature no later than twenty days prior to the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this resolution be transmitted to the Director of Human Services and the Mayor and the Chairperson of the Council of each county.

Report Title:

Blind Vendors; Fire Fighters