Illinois General Assembly - Full Text of SB2330
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Full Text of SB2330  94th General Assembly


Executive Committee

Filed: 4/19/2006





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2     AMENDMENT NO. ______. Amend Senate Bill 2330 by replacing
3 everything after the enacting clause with the following:
4     "Section 1. Short title. This Act may be cited as the Blind
5 Vendors Act.
6     Section 5. Definitions. As used in this Act:
7     "Blind licensee" means a blind person licensed by the
8 Department to operate a vending facility on State, federal, or
9 other property.
10     "Blind person" means a person whose central visual acuity
11 does not exceed 20/200 in the better eye with correcting lenses
12 or whose visual acuity, if better than 20/200, is accompanied
13 by a limit to the field of vision in the better eye to such a
14 degree that its widest diameter subtends an angle of no greater
15 than 20 degrees. In determining whether an individual is blind,
16 there shall be an examination by a physician skilled in
17 diseases of the eye, or by an optometrist, whichever the
18 individual shall select.
19     "Building" means only the portion of a structure owned or
20 leased by the State or any State agency.
21     "Cafeteria" means a food dispensing facility capable of
22 providing a broad variety of prepared foods and beverages
23 (including hot meals) primarily through the use of a line where
24 the customer serves himself or herself from displayed



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1 selections. A cafeteria may be fully automatic or some limited
2 waiter or waitress service may be available and provided within
3 a cafeteria and table or booth seating facilities are always
4 provided.
5     "Committee" means the Illinois Committee of Blind Vendors,
6 an independent representative body for blind vendors
7 established by the federal Randolph-Sheppard Act.
8     "Department" means the Department of Human Services.
9     "Director" means the Bureau Director of the Bureau for the
10 Blind in the Department of Human Services.
11     "Federal property" means any structure, land, or other real
12 property owned, leased, or occupied by any department, agency
13 or instrumentality of the United States (including the
14 Department of Defense and the U.S. Postal Service), or any
15 other instrumentality wholly owned by the United States, or by
16 any department or agency of the District of Columbia or any
17 territory or possession of the United States.
18     "License" means a written instrument issued by the
19 Department to a blind person, authorizing such person to
20 operate a vending facility on State, federal, or other
21 property.
22     "Net proceeds" means the amount remaining from the sale of
23 articles or services of vending facilities, and any vending
24 machine or other income accruing to blind vendors after
25 deducting the cost of such sale and other expenses (excluding
26 any set-aside charges required to be paid by the blind
27 vendors).
28     "Normal working hours" means an 8 hour work period between
29 the approximate hours of 8:00 a.m. to 6:00 p.m., Monday through
30 Friday.
31     "Other property" means property that is not State or
32 federal property and on which vending facilities are
33 established or operated by the use of any funds derived in
34 whole or in part, directly or indirectly, from the operation of



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1 vending facilities on any State or federal property.
2     "Secretary" means the Secretary of Human Services.
3     "Set-aside funds" means funds that accrue to the Department
4 from an assessment against the net income of each vending
5 facility in the State's vending facility program and any income
6 from vending machines on State or federal property that accrues
7 to the Department.
8     "State agency" means any department, board, commission, or
9 agency created by the Constitution or Public Act, whether in
10 the executive, legislative, or judicial branch.
11     "State property" means all property owned, leased, or
12 rented by any State agency. For purposes of this Act, "State
13 property" does not include property owned or controlled by a
14 unit of local government or school district.
15     "Vending facility" means automatic vending machines, snack
16 bars, cart service, counters, rest areas, and such other
17 appropriate auxiliary equipment that may be operated by blind
18 vendors and that is necessary for the sale of newspapers,
19 periodicals, confections, tobacco products, foods, beverages,
20 and notions dispensed automatically or manually and prepared on
21 or off the premises in accordance with all applicable health
22 laws, and including the vending and payment of any lottery
23 tickets or shares authorized by State law and conducted by a
24 State agency within the State. Vending facility does not
25 include cafeterias, restaurants, or the Department of
26 Corrections' non-vending machine commissaries.
27     "Vending machine", for the purpose of assigning vending
28 machine income under this Act, means a coin or currency
29 operated machine that dispenses articles or services, except
30 that those machines operated by the United States Postal
31 Service for the sale of postage stamps or other postal products
32 and services, machines providing services of a recreational
33 nature, and telephones shall not be considered to be vending
34 machines.



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1     "Vending machine income" means the commissions or fees paid
2 to the State from vending machine operations on State property
3 where the machines are operated, serviced, or maintained by, or
4 with the approval of, a State agency by a commercial or
5 not-for-profit vending concern that operates, services, and
6 maintains vending machines.
7     "Vendor" means a blind licensee who is operating a vending
8 facility on State, federal, or other property.
9     Section 10. Business Enterprise Program for the Blind.
10     (a) The Business Enterprise Program for the Blind is
11 created for the purpose of providing blind persons with
12 remunerative employment, enlarging the economic opportunities
13 of the blind, and stimulating the blind to greater efforts in
14 striving to make themselves self-supporting. In order to
15 achieve these goals blind persons licensed under this Act shall
16 be authorized to operate vending facilities on any property
17 within this State as provided by this Act.
18     It is the intent of the General Assembly that the
19 Randolph-Sheppard Act, 20 USC Sections 107-107f, and the
20 federal regulations for its administration set forth in Part
21 395 of Title 34 of the Code of Federal Regulations, shall serve
22 as a model for minimum standards for the operation of the
23 Business Enterprise Program for the Blind. The federal
24 Randolph-Sheppard Act provides employment opportunities for
25 individuals who are blind or visually impaired through the
26 Business Enterprise Program for the Blind. Under the
27 Randolph-Sheppard Act, all federal agencies are required to
28 give priority to licensed blind vendors in the operation of
29 vending facilities on federal property. It is the intent of
30 this Act to provide the same priority to licensed blind vendors
31 on State property by requiring State agencies to give priority
32 to licensed blind vendors in the operation of vending
33 facilities on State property and preference to licensed blind



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1 vendors in the operation of cafeteria facilities on State
2 property. Furthermore it is the intent of this Act that all
3 State agencies, particularly the Department of Central
4 Management Services, promote and advocate for the Business
5 Enterprise Program for the Blind.
6     (b) The Secretary, through the Director, shall continue,
7 maintain, and promote the Business Enterprise Program for the
8 Blind. Some or all of the functions of the program may be
9 provided by the Department of Human Services. The Business
10 Enterprise Program for the Blind must provide that:
11         (1) priority is given to blind vendors in the operation
12     of vending facilities on State property;
13         (2) tie bid preference is given to blind vendors in the
14     operation of cafeterias on State property, unless the
15     cafeteria operations are operated by employees of a State
16     agency;
17         (3) vending machine income from all vending machines on
18     State property is assigned as provided for by Section 30 of
19     this Act;
20         (4) no State agency may impose any commission, service
21     charge, rent, or utility charge on a licensed blind vendor
22     who is operating a vending facility on State property; and
23         (5) vending facilities operated by the Program use
24     reasonable and necessary means and methods to maintain fair
25     market pricing in relation to each facility's given
26     demographic, geographic, and other circumstances.
27     (c) With respect to vending facilities on federal property
28 within this State, priority shall be given as provided in the
29 federal Randolph-Sheppard Act, 20 USC Sections 107-107f,
30 including any amendments thereto. This Act, as it applies to
31 federal property, is intended to conform to the federal Act,
32 and is to be of no force or effect if, and to the extent that,
33 any provision of this Act or any rule adopted under this Act is
34 in conflict with the federal Act. Nothing in this subsection



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1 shall be construed to impose limitations on the operation of
2 vending facilities on State property, or property other than
3 federal property, or to allow only those activities
4 specifically enumerated in the Randolph-Sheppard Act.
5     (d) The Secretary shall actively pursue all commissions
6 from vending facilities not operated by blind vendors as
7 provided in Section 30 of this Act, and shall propose new
8 placements of vending facilities on State property where a
9 facility is not yet in place.
10     (e) Partnerships and teaming arrangements between blind
11 vendors and private industry, including franchise operations,
12 shall be fostered and encouraged by the Department.
13     Section 15. Vending facilities on State property.
14     (a) In order to ensure that priority is given to blind
15 vendors in the operation of vending facilities on State
16 property as provided in Section 10, the Secretary, directly or
17 by delegation to the Director, and the Committee shall jointly
18 develop rules to ensure the following:
19         (1) That priority is given to blind persons licensed
20     under this Act or under its predecessor Act (the Blind
21     Persons Operating Vending Facilities Act 20 ILCS 2420/),
22     including the assignment of vending machine income as
23     provided in this Act.
24         (2) That one or more vending facilities shall be
25     established on all State property to the extent feasible.
26     Where a larger vending facility is determined by the
27     Director and the Committee to be infeasible, every effort
28     shall be made to place vending machines on the property
29     whenever possible. The Director and the Committee shall
30     take into account the following criteria when determining
31     whether establishment of a vending facility is feasible:
32             (A) the number of State employees, visitors, and
33         other potential facility customers on the property in a



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1         given period;
2             (B) the size, in square feet, of the area owned,
3         leased, occupied, or otherwise controlled by the
4         State;
5             (C) the duration the property is expected to be
6         leased or occupied by the State;
7             (D) whether establishment of a vending facility
8         would adversely affect the interests of the State; and
9             (E) the likelihood that the vending facility would
10         produce an adequate net income for a blind vendor as
11         determined by the average income of all blind vendors
12         in the State.
13     (b) Any determination by the Director, or by the State
14 agency controlling the property, that the placement or
15 operation of a vending facility is not feasible, or that the
16 placement or operation would adversely affect the interests of
17 the State shall be in writing and shall be transmitted to the
18 Committee for review and ratification or rejection.
19     (c) The Secretary, through the Director, subject to the
20 rules developed and adopted pursuant to subsection (a) of this
21 Section and the requirements of federal law and regulations, is
22 authorized to select a location for a vending facility and the
23 type of facility to be provided.
24     (d) Beginning January 1, 2007, all State agencies that:
25         (1) undertake to acquire any property, in whole or in
26     part, by ownership, rent, or lease, or that undertake to
27     relocate to any property, shall request a determination
28     from the Director or his or her designee as to whether the
29     new property includes a satisfactory site or sites for the
30     location and operation of a blind vendor vending facility;
31     or
32         (2) undertake to occupy a building that is to be
33     constructed, substantially altered, or renovated, or in
34     the case of a building that is already occupied by the



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1     State agency, undertake to substantially alter or renovate
2     that building for use by the State agency;
3 shall request a determination from the Director or his or her
4 designee as to whether that building includes a satisfactory
5 site or sites for the location and operation of a blind vendor
6 vending facility.
7     Upon receiving a request for a determination under this
8 subsection (d), the Director or his or her designee and the
9 Committee shall have 10 days in which to notify that requesting
10 State agency as to whether the new property or building is
11 satisfactory or not satisfactory for the operation of a blind
12 vendor vending facility. A site shall be deemed to be a
13 satisfactory site by examining the potential customer base,
14 including, but not limited to, State employees, State
15 contractual employees, and the general public. The
16 determination shall be based upon a site survey or any other
17 reasonable means enabling an accurate assessment of the
18 location. If the property has an existing private vendor,
19 bottler, or vending machine operator, then the property shall
20 be presumed to be a satisfactory site. If the Director, in
21 consultation with the Committee, determines that the number of
22 people using the location is or will be insufficient to support
23 a vending facility, then the Director shall determine the
24 property to be not satisfactory.
25     Upon a determination by the Director or his or her designee
26 and the Committee that the new property or building is
27 satisfactory for the operation of a blind vendor vending
28 facility, the Director, in consultation with the head of the
29 State agency and in accordance with the rules developed
30 pursuant to subsection (a), shall inform the agency to comply
31 with the priority established for the operation of vending
32 facilities by blind persons under this Act.
33     (e) All State agencies shall fully cooperate with the
34 Department to ensure that priority is given to blind vendors in



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1 the operation of vending facilities on State property. This
2 includes notifying the Department prior to the expiration of
3 existing contracts or agreements for vending facilities or when
4 such contracts or agreements are considered for renewal
5 options. The notification must be given, when feasible, no
6 later than 6 months prior to the potential expiration or
7 renewal of the existing vending facility contract or agreement.
8     Section 20. Other vending facilities. The governing body of
9 any unit of local government or school board owning property or
10 persons or entities owning or controlling private property are
11 authorized and encouraged to construct or install on the
12 property, or permit the construction or installation of,
13 vending facilities for operation by blind persons licensed
14 under this Act. In constructing or installing these vending
15 facilities, the amount of space allotted for this purpose
16 should be sufficient to adequately serve the number of persons
17 at the site and to provide the kind of services to be rendered.
18     Section 25. Set-aside funds; Blind Vendors Trust Fund.
19     (a) The Department may provide, by rule, for set-asides
20 similar to those provided in Section 107d-3 of the
21 Randolph-Sheppard Act. If any funds are set aside, or caused to
22 be set aside, from the net proceeds of the operation of vending
23 facilities by blind vendors, the funds shall be set aside only
24 to the extent necessary in a percentage amount not to exceed
25 that determined jointly by the Director and the Committee and
26 published in State rule, and that these funds may be used only
27 for the following purposes: (1) maintenance and replacement of
28 equipment; (2) purchase of new equipment; (3) construction of
29 new vending facilities; (4) funding the functions of the
30 Committee, including legal and other professional services;
31 and (5) retirement or pension funds, health insurance, paid
32 sick leave, and vacation time for blind licensees, so long as



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1 these benefits are approved by a majority vote of all Illinois
2 licensed blind vendors that occurs after the Department
3 provides these vendors with information on all matters relevant
4 to these purposes.
5     (b) No set-aside funds shall be collected from a blind
6 vendor when the monthly net proceeds of that vendor are less
7 than $1,000. This amount may be adjusted annually by the
8 Director and the Committee to reflect changes in the cost of
9 living.
10     (c) The Department shall establish, with full
11 participation by the Committee, the Blind Vendors Trust Fund as
12 a separate account managed by the Department for the State's
13 blind vendors.
14     (d) Set-aside funds collected from the operation of all
15 vending facilities administered by the Business Enterprise
16 Program for the Blind shall be placed in the Blind Vendors
17 Trust Fund, which shall include set-aside funds from facilities
18 on federal property. The Fund must provide separately
19 identified sub-accounts for moneys from (i) federal and (ii)
20 State and other facilities, as well as vending machine income
21 generated pursuant to Section 30 of this Act. These funds shall
22 be available until expended and shall not revert to the General
23 Revenue Fund or to any other State account.
24     (e) It is the intent of the General Assembly that the
25 expenditure of set-aside funds authorized by this Section shall
26 be supplemental to any current appropriation or other moneys
27 made available for these purposes and shall not constitute an
28 offset of any previously existing appropriation or other
29 funding source. In no way shall this imply that the
30 appropriation for the Blind Vendors Program may never be
31 decreased, rather that the new funds shall not be used as an
32 offset.
33     (f) An amount equal to 10% of the wages paid by a blind
34 vendor to any employee who is blind or otherwise disabled shall



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1 be deducted from any set-aside charge paid by the vendor each
2 month, in order to encourage vendors to employ blind and
3 disabled workers and to set an example for industry and
4 government. No deduction shall be made for any employee paid
5 less than the State or federal minimum wage.
6     Section 30. Vending machine income and compliance.
7     (a) After July 1, 2007, all vending machine income, as
8 defined by this Act, from vending machines on State property
9 shall accrue to (1) the blind vendor operating the vending
10 facilities on the property or (2) in the event there is no
11 blind vendor operating a facility on the property, to the Blind
12 Vendors Trust Fund for use exclusively as set forth in
13 subsection (a) of Section 25 of this Act.
14     (b) The Secretary, directly or by delegation of authority,
15 shall ensure compliance with this Section and Section 15 of
16 this Act with respect to buildings, installations, facilities,
17 roadside rest stops, and any other State property, and shall be
18 responsible for the collection of, and accounting for, all
19 vending machine income on this property. The Secretary shall
20 enforce these provisions through litigation, arbitration, or
21 any other legal means available to the State, and each State
22 agency in control of this property shall be subject to the
23 enforcement. State agencies or departments failing to comply
24 with an order of the Department may be held in contempt in any
25 court of general jurisdiction.
26     (c) Any limitation on the placement or operation of a
27 vending machine by a State agency based on a determination that
28 such placement or operation would adversely affect the
29 interests of the State must be explained in writing to the
30 Secretary. The Secretary shall promptly determine whether the
31 limitation is justified. If the Secretary determines that the
32 limitation is not justified, the State agency seeking the
33 limitation shall immediately remove the limitation.



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1     (d) The amount of vending machine income accruing from
2 vending machines on State property that may be used for the
3 functions of the Committee shall be determined annually by a
4 two-thirds vote of the Committee, except that no more than 25%
5 of the annual vending machine income may be used by the
6 Committee for this purpose, based upon the income accruing to
7 the Blind Vendors Trust Fund in the preceding year. The
8 Committee may establish its budget and expend funds through
9 contract or otherwise without the approval of the Department.
10     Section 40. Licenses.
11     (a) Licenses shall be issued only to blind persons who are
12 qualified to operate vending facilities. The continuing
13 eligibility of a vendor as a blind person shall be reviewed
14 biennially for partially sighted individuals or whenever the
15 Director has information indicating the vendor is no longer
16 blind as defined under this Act.
17     (b) Following agreement by the Secretary, the Director, and
18 the Committee, the Secretary shall adopt and publish rules
19 providing for (1) the requirements for licensure as a blind
20 vendor; (2) a curriculum for training, in-service training, and
21 upward mobility training for blind vendors; and (3) a regular
22 schedule for offering the training, classes to be offered at
23 least once per year.
24     (c) Each license issued pursuant to this Section shall be
25 for an indefinite period as described by rule. The license of a
26 blind vendor may be terminated or suspended for good cause, but
27 only after affording the licensee an opportunity for a full and
28 fair hearing in accordance with the provisions of this Act.
29     Section 45. Committee of Blind Vendors.
30     (a) The Secretary, through the Director, shall provide for
31 the biennial election of the Committee, which shall be fully
32 representative of all blind licensees in the State. There shall



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1 be no fewer than one Committee member for each 15 licensed
2 blind vendors in the State.
3     (b) The Committee is empowered to hire staff; contract for
4 consultants including, but not limited to, legal counsel; set
5 agendas and call meetings; create a constitution and bylaws,
6 subcommittees, and budgets; and do any other thing a
7 not-for-profit organization may do through the use of the Blind
8 Vendors Trust Fund. At the discretion of the Committee major
9 issues may be referred for initial consideration to a
10 subcommittee, or to all blind vendors in order to ascertain
11 their views.
12     (c) The Secretary shall ensure that the Committee jointly
13 participates with the State in the development and
14 implementation of all policies, plans, program development,
15 and major administrative and management decisions affecting
16 the Business Enterprise Program for the Blind. The Secretary,
17 through the Director, shall provide to the Committee all
18 relevant financial information and data, including quarterly
19 and annual financial reports, on the operation of the vending
20 facility program in order that the Committee may fully
21 participate in budget development and formulation, the
22 establishment of set-aside levels, and other program
23 requirements. A copy of all completed audits, reports, and
24 investigations affecting the Business Enterprise Program for
25 the Blind shall be distributed to the Committee in a timely
26 manner. Any implementation of changes in administrative policy
27 or program development that are within the discretion of the
28 Department shall occur only after Committee review.
29     Section 50. Hearings; arbitration.
30     (a) Any blind vendor dissatisfied with any act or omission
31 arising from the operation or administration of the vending
32 facility program may submit to the Secretary a request for a
33 full evidentiary hearing. This hearing shall be provided in a



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1 timely manner by the Department. Damages, including
2 compensatory damages, attorney's fees, and expenses, must be
3 paid to any operator who prevails in the full evidentiary
4 hearing; however, payment of damages may not be paid from any
5 program funds, the Blind Vendors Trust Fund, or federal
6 rehabilitation funds. If the blind vendor is dissatisfied with
7 any action taken or decision rendered as a result of the
8 hearing, that vendor may file a complaint for arbitration with
9 the Secretary.
10     (b) If the Secretary determines that any State agency has
11 failed to comply with the requirements of this Act, the
12 Secretary must establish a panel to arbitrate the dispute and
13 the decision of the panel shall be final and binding on the
14 parties. Any arbitration panel convened by the Secretary shall
15 be composed of 3 members, appointed as follows:
16         (1) one individual appointed by the Secretary;
17         (2) one individual appointed by the State agency
18     determined by the Secretary to be in noncompliance with the
19     Act; and
20         (3) one individual, who shall serve as chairperson,
21     jointly designated by the members appointed under items (1)
22     and (2); provided that, if within 30 days following the
23     Secretary's determination of noncompliance either party
24     fails to appoint a panel member, or if the parties are
25     unable to agree on the appointment of the chairperson, the
26     Secretary shall select the final panel member or may
27     designate a hearing officer of the Department who shall
28     preside.
29     (c) The Secretary may issue a letter of reprimand to a
30 blind vendor who violates program rules or policy. Depending
31 upon the seriousness of the alleged violation, the letter of
32 reprimand may indicate the intention to suspend or terminate
33 the license of the vendor. All reprimand letters shall be sent
34 in a medium accessible by the vendor, and shall be sent by



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1 certified mail, return receipt requested. The Secretary must
2 make every reasonable effort to assist the subject vendor to
3 correct the problem for which the vendor is reprimanded. No
4 process to suspend or terminate a license shall be initiated
5 before the vendor is accorded the opportunity for a full
6 evidentiary hearing as provided under subsection (a). A vendor
7 may be summarily removed from a facility only in an emergency.
8     Section 60. General provisions.
9     (a) Blind vendors operating vending facilities are subject
10 to the applicable license or permit requirements of the county
11 or municipality in which the facility is located necessary for
12 the conduct of their business.
13     (b) Vendors licensed pursuant to this Act are authorized to
14 keep guide animals with them while operating vending facilities
15 subject to public health laws and rules.
16     (c) The Secretary, Director, and the Committee shall
17 cooperate in the development of rules to be promulgated by the
18 Department regarding life standards for vending facility
19 equipment. Such rules shall include, but are not limited to,
20 the life expectancy of equipment; time periods within which
21 equipment should be replaced; exceptions to the replacement
22 time periods for equipment with no service problem history; and
23 replacement schedules for equipment subject to excessive
24 failures not the fault of the vendor.
25     (d) The Secretary, through the Director, shall assign
26 adequate personnel to carry out duties related to the
27 administration and management of this Act. In selecting
28 personnel to fill any program position under this subsection,
29 the Secretary shall ensure that the Committee has full advance
30 opportunity to review the selections, to submit comments
31 thereon, and to assess the adequacy of staffing levels for the
32 program.
33     (e) The Secretary shall provide each vendor access to: all



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1 financial information, his or her performance ratings, and all
2 other individual personnel documents and data maintained by the
3 Department. This includes providing each vendor a written copy
4 of all rules and policies adopted pursuant to this Act. Upon
5 request, the information shall be furnished in the medium most
6 accessible by the vendor.
7     (f) The surviving spouse of a current Illinois licensed
8 blind vendor who dies may continue to operate the facility for
9 a period of 6 months following the death of the vendor,
10 provided that the surviving spouse is qualified by experience
11 or training to manage the facility.
12     (g) The Secretary shall, by rule, require licensed blind
13 vendors to obtain additional training to operate a blind
14 vending facility for State property determined by a State
15 agency to be high security property.
16     Section 65. Program rules.
17     (a) The Secretary shall promulgate and adopt necessary
18 rules, and do all things necessary and proper to carry out this
19 Act. The Secretary by delegation shall review these rules with
20 the Committee at least every 3 years.
21     (b) The rules shall include, but are not limited to, the
22 following: (1) uniform procedures for vendor licensing and
23 termination; (2) criteria and standards for selecting vendors
24 and matching them to facilities to ensure that the most
25 qualified person is selected; (3) equipment life standards and
26 service standards for the inventory, repair, and purchase of
27 equipment; (4) minimum requirements for the establishment of a
28 vending facility; (5) standards for training, in-service
29 training, and upward mobility; and (6) policies and procedures
30 for the collection, deposit, reimbursement, and use of all
31 program income, including vending machine income.
32     Section 70. Property Survey and Report.



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1     (a) The Department shall survey and report on State
2 property and vending facilities not later than December 31,
3 2007. The report shall contain the following information:
4         (1) A list of all State property or other property
5     within the State that does or reasonably could accommodate
6     a vending facility as provided for in this Act or as
7     provided for in the federal Randolph-Sheppard Act.
8         (2) For the buildings or locations that have vending
9     facilities or vending machines in place, an indication of
10     the facilities operated by licensed blind vendors under the
11     Business Enterprise Program for the Blind and an indication
12     of the facilities operated by private entities.
13         (3) For the vending facilities or vending machines
14     operated by private entities, an indication of the
15     facilities from which commissions for the Business
16     Enterprise Program for the Blind have been or are being
17     collected.
18         (4) For the buildings or other property that do not
19     have vending facilities in place, an indication of the
20     locations where a vending facility could appropriately be
21     placed, or the reasons why a vending facility is not
22     feasible in the building or property.
23     (b) The Department shall obtain all available information
24 and conduct a survey, before June 30 of every odd-numbered year
25 after the effective date of this Act. This survey shall
26 identify but not be limited to the following information:
27         (1) The number and identity of the buildings owned,
28     leased, acquired, or occupied by the State.
29         (2) The number and identity of the State buildings
30     where vending facilities or vending machines are located.
31         (3) The number of employees located in or visiting
32     these buildings during normal working hours.
33         (4) The usable interior square footage of the building;
34     and



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1         (5) Any other information the Department may determine
2     to be useful in expanding the Business Enterprise Program
3     for the Blind to the maximum extent feasible consistent
4     with the purposes of this Act.
5     (c) All State agencies controlling State property or parts
6 thereof where vending machines or vending facilities are
7 located must cooperate with the Department by providing
8 information on the vending machines or facilities at those
9 locations. This information shall include, but is not limited
10 to, the terms of contracts for vending, including financial
11 terms, and the disbursement practices for vending machine
12 income. The Department shall incorporate this information in
13 its reports and updates.
14     (d) The Department shall use the reports and updates
15 mandated by this Section to develop greater opportunities for
16 the placement of blind vendors, to increase vending machine
17 income to the program, and to aid in establishing vending
18 machines and facilities on State property.
19     (e) The reports and surveys prepared pursuant to this
20 Section shall be provided to the Committee and to the
21 appropriate committees of the General Assembly.
22     (20 ILCS 2420/Act rep.)
23     Section 90. The Blind Persons Operating Vending Facilities
24 Act is repealed.".