| 47 | | - | SECTION 1. The legislature finds that individuals living with serious mental illness should have the opportunity to pursue self-employment to improve their economic and health outcomes in a similar manner as individuals participating in the blind and visually handicapped vendor program pursuant to section 102-14, Hawaii Revised Statutes, through the department of human services, division of vocational rehabilitation, Hooponopono Services for the Blind Branch. The legislature recognizes that a program that expands employment opportunities to individuals living with a serious mental illness can lead to economic independence as well as improve the mental health stability and reduce negative health outcomes such as hospitalizations. The legislature finds that a vending facilities program for vendors with serious mental illness must be funded separately from section 102-14, Hawaii Revised Statutes, known as the "Mini Randolph-Sheppard Act", which specifically extends the priority for vending facilities in state or county public buildings in Hawaii to blind and visually handicapped persons. Accordingly, the purpose of this Act is to: (1) Establish a two-year vendor facilities pilot program task force within the department of health for vendors with serious mental illness; and (2) Require the vendor facilities pilot program task force to submit an annual report to the governor and the legislature no later than twenty days prior to the convening of the 2022 and 2023 regular legislative sessions. SECTION 2. (a) There is established within the department of health a vendor facilities pilot program task force for vendors with serious mental illness to: (1) Review existing laws and programs related to vendor priority programs; (2) Plan and design the implementation of a two-year vendor facilities pilot project providing priority to vendors with serious mental illness; and (3) Conduct monthly meetings with vendor facilities pilot project task force members. (b) The vendor facilities pilot program task force shall be chaired by the director of health, or their designee, and the director or director's designee shall invite the following task force members: (1) The director of human services or their designee; (2) The director of accounting and general services or their designee; (3) The head of the building facilities management department of each county or their designee; (4) Eight Clubhouse members identified by the Clubhouse Coalition, with preferably at least one member from each county; (5) Four staff personnel assigned to support Clubhouse Coalition operations from each county; (6) One member from the organization Protecting Hawaii's Ohana, Children, Under-Served, Elderly, and Disabled (PHOCUSED); (7) One member from the University of Hawaii at Manoa, Center on Disability Studies; (8) One member from the National Alliance for Mental Illness (NAMI); and (9) One member from Mental Health America Hawaii. Task force members shall serve without compensation but shall be reimbursed for reasonable expenses incurred, including travel expenses. The task force shall be exempt from the requirements of parts I and II of chapter 92, Hawaii Revised Statutes. SECTION 3. The department of health shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature and governor no later than twenty days prior to the convening of the regular sessions of 2022 through 2023 on the status of the vendor facilities pilot program established pursuant to this Act. The annual report shall include a proposal for funding sources for the vendor facilities pilot program. SECTION 4. This Act shall take effect on May 1, 2029. |
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| 47 | + | SECTION 1. Section 102-14, Hawaii Revised Statutes, is amended to read as follows: "§102-14 Use of public buildings by blind or visually handicapped persons[.] or persons with a mental illness. (a) For the purpose of providing blind or visually handicapped persons, as defined in sections 235-1, 347-1, and 347-2, and persons with a mental illness with remunerative employment, enlarging their economic opportunities and stimulating them to greater efforts in striving to make themselves self-supporting, blind or visually handicapped persons or persons with a mental illness registered by the department of human services under section 347-6 and issued permits under subsection (c) shall be authorized to operate vending facilities and machines in any state or county public building for the vending of newspapers, periodicals, confections, tobacco products, foods, beverages, and such other articles or services prepared on or off the premises in accordance with all applicable laws. (b) The department of human services, after consultation with authorities responsible for management of state or county public buildings, shall adopt rules in accordance with chapter 91, necessary for the implementation of this section, including, but not limited to rules to assure that priority be given to registered blind or visually handicapped persons or persons with a mental illness in the operation of vending facilities in state or county public buildings and to establish, whenever feasible, one or more vending facilities in all state and county public buildings[.]; provided that vending facilities operated by persons with a mental illness shall not be placed in state or county public buildings that have vending facilities operated by registered blind or visually handicapped persons. (c) Assignment of vending facilities and space for vending machines shall be by permit issued by the department of human services. (d) No person shall advertise or otherwise solicit the sale of food or beverages for human consumption in any public building [which] that is in competition with a vending facility or machine operated or maintained by a duly authorized blind or visually handicapped person or person with a mental illness as prescribed by rules and regulations established under chapter 91. Any person who violates this subsection shall be subject to a fine of not more than $1,000. (e) After July 1, 1981, or upon the expiration of vending machine contracts in existence on June 10, 1981, no vending machines shall be placed in any state or county public building in which there is a vending facility or machine assigned by permit to a blind or visually handicapped person or person with a mental illness except pursuant to a permit issued by the department of human services. (f) Any permit granted pursuant hereto may be terminated by the department of human services if the department determines that the vending facility or machine is not being operated in accordance with prescribed rules. (g) This section shall not apply to the judiciary history center facilities in the Aliiolani Hale building, 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. (h) After July 1, 1981, any department, agency, or instrumentality of the State or any of its political subdivisions planning the construction, substantial alteration, or renovations of any building shall consider including plans for a vending facility maintained or operated by a blind or visually handicapped person[.] or person with a mental illness. The present vendor who is operating a vending facility shall not be displaced or dislocated from any state or county building because of renovations or substantial alterations, except for any temporary displacement or dislocation [which] that may be necessary for the completion of the renovations or alterations. Any such vendor shall have the first option to operate the facility upon completion of the renovations or substantial alterations. (i) For the purposes of this section, "person with a mental illness" means a person diagnosed with a mental illness as defined under section 431M-1." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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