BILL REQ. #:  H-1466.2 

Read first time 02/05/2007.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to a pilot program for the business enterprises program; amending RCW 74.18.200; adding a new section to chapter 74.18 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 74.18 RCW to read as follows:
     (1) The department shall implement a pilot program within existing resources to require a licensee to subcontract with a commercial food service establishment to operate a full-service food establishment in the Pritchard building and, if feasible, at a satellite location in the legislative building. The pilot program shall be implemented as provided in this section, after June 30, 2007, but by no later than January 1, 2008.
     (2) The licensee shall operate the facilities with cooperation and coordination with the commercial food service establishment and the department.
     (3) The department shall select the commercial food service establishment from a list of bids submitted by interested establishments and shall enter into a contract with the successful bidder. The initial contract shall be for a period not to exceed three years.
     (4) The department shall not be charged rent for this pilot program.
     (5) The director shall submit an electronic report on the pilot program to the appropriate legislative committees eighteen months after the pilot program commences operation.

Sec. 2   RCW 74.18.200 and 2003 c 409 s 18 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply in RCW 74.18.200 through 74.18.230.
     (1) "Business enterprises program" means a program operated by the department under the federal Randolph-Sheppard Act, 20 U.S.C. Sec. 107 et seq., and under this chapter in support of blind persons operating vending businesses in public buildings.
     (2) "Vending facility" means any stand, snack bar, cafeteria, or business at which food, tobacco, sundries, or other retail merchandise or service is sold or provided.
     (3) "Vending machine" means any coin-operated machine that sells or provides food, tobacco, sundries, or other retail merchandise or service.
     (4) "Blind person" means a person whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than twenty degrees. In determining whether an individual is blind, there shall be an examination by a physician skilled in diseases of the eye, or by an optometrist, whichever the individual selects.
     (5) "Commercial food service establishment" means any restaurant or restaurant franchise currently operating in the state of Washington.
     (6) "Licensee" means a blind person licensed by the state of Washington under the Randolph-Sheppard Act, this chapter, and the rules issued hereunder.
     (((6))) (7) "Public building" means any building and immediately adjacent outdoor space associated therewith, such as a patio or entryway, which is: (a) Owned by the state of Washington or any political subdivision thereof or any space leased by the state of Washington or any political subdivision thereof in any privately-owned building; and (b) dedicated to the administrative functions of the state or any political subdivision. However, this term shall not include property under the jurisdiction and control of a local board of education without the consent of such board.
     (((7))) (8) "Priority" means the department has first and primary right to operate the food service and vending facilities, including vending machines, on federal, state, county, municipal, and other local government property except those otherwise exempted by statute. Such right may, at the sole discretion of the department, be waived in the event that the department is temporarily unable to assert the priority.

NEW SECTION.  Sec. 3   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.