Section 192-3-008 - Vending Machine Income008.01.INCOME ACCRUES TO STATE LICENSING AGENCY. Ail vending machine income from vending machines on federal property which is disbursed to the State Licensing Agency by a property managing department, agency or instrumentality of the United States under the vending machine income sharing provisions in 34 CFR 395) shall accrue to each blind vendor operating a vending facility on such federal property.008.02.INCOME CEILING: The amount of the vending machine income accruing to an individual blind vendor is not to exceed the average net income of blind vendors within the state. The average net income must be determined each fiscal year on the basis of each prior year's operation, except: 008.02A.VENDING MACHINE INCOME shall not accrue to any blind vendor in any amount exceeding the average net income of blind vendors in the United States.008.02B.NO BLIND VENDOR shall receive less vending machine income than he or she received during the calendar year prior to January 1, 1974, as a direct result of any limitation imposed on such income under this ceiling.008.02C.NO LIMITATION WHEN MACHINES ARE PART OF A FACILITY. The State Licensing Agency shall not impose a limitation on income from vending machines combined to create a vending facility when such facility is maintained, serviced, or operated by a blind vendor.008.02D.EXCESS RETAINED BY SLA. The State Licensing Agency shall retain vending machine income disbursed by a property managing department, SLA, or instrumentality of the United States in excess of the amounts eligible to accrue to blind vendors. The State Licensing Agency shall use the income for: 008.02D1. The establishment and maintenance of retirement or pension plans, for health insurance contributions, and for the provision of paid sick leave and vacation time for blind vendors, if it is so determined by a majority vote of the licensed vendors, after each vendor has been furnished information on all matters relevant to such purposes;008.02D2. Any vending machine income not necessary for such purposes shall be used for one or more of the following; maintenance and replacement of equipment; purchase of new equipment; management services, and assuring a fair return to vendors; and that any assessment charged to blind vendors shall be reduced prorata in an amount equal to the total of such remaining vending machine income.008.03.DISBURSEMENT AT LEAST QUARTERLY. The State Licensing Agency shall disburse vending machine income to blind vendors within the state on at least a quarterly basis and shall inform vendors of the disbursement schedule.192 Neb. Admin. Code, ch. 3, § 008
Amended effective 7/2/2019