Full Text of SB2045 96th General Assembly
SB2045ham001 96TH GENERAL ASSEMBLY
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Disability Services Committee
Filed: 5/6/2009
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| AMENDMENT TO SENATE BILL 2045
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| AMENDMENT NO. ______. Amend Senate Bill 2045 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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 |
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| diseases of the eye, or by an optometrist, whichever the | 2 |
| individual shall select. | 3 |
| "Building" means only the portion of a structure owned or | 4 |
| leased by the State or any State agency. | 5 |
| "Cafeteria" means a food dispensing facility capable of | 6 |
| providing
a broad variety of prepared foods and beverages | 7 |
| (including hot meals)
primarily through the use of a line where | 8 |
| the customer serves himself
or herself from displayed | 9 |
| selections. A cafeteria may be fully automatic or some
limited | 10 |
| waiter or waitress service may be available and provided within
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| a cafeteria and table or booth seating facilities are always | 12 |
| provided.
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| "Committee" means the Illinois Committee of Blind Vendors, | 14 |
| an independent representative body for blind vendors | 15 |
| established by the federal Randolph-Sheppard Act. | 16 |
| "Department" means the Department of Human Services. | 17 |
| "Director" means the Bureau Director of the Bureau for the | 18 |
| Blind in the Department of Human Services. | 19 |
| "Federal property" means any structure, land, or other real
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| property owned, leased, or occupied by any department, agency | 21 |
| or
instrumentality of the United States (including the | 22 |
| Department of
Defense and the U.S. Postal Service), or any | 23 |
| other instrumentality
wholly owned by the United States, or by | 24 |
| any department or agency of the
District of Columbia or any | 25 |
| territory or possession of the United
States. | 26 |
| "License" means a written instrument issued by the |
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| Department to a blind person, authorizing such person to | 2 |
| operate a vending
facility on State, federal, or other | 3 |
| property.
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| "Net proceeds" means the amount remaining from the sale of
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| articles or services of vending facilities, and any vending | 6 |
| machine or
other income accruing to blind vendors after | 7 |
| deducting the cost of such
sale and other expenses (excluding | 8 |
| any set-aside charges required to be paid
by the blind | 9 |
| vendors). | 10 |
| "Normal working hours" means an 8 hour work period between | 11 |
| the
approximate hours of 8:00 a.m. to 6:00 p.m., Monday through | 12 |
| Friday. | 13 |
| "Other property" means property that is not State or | 14 |
| federal property and
on which vending facilities are | 15 |
| established or operated by the use of
any funds derived in | 16 |
| whole or in part, directly or indirectly, from the
operation of | 17 |
| vending facilities on any State or federal property. | 18 |
| "Priority" means the right of a blind person licensed by | 19 |
| the Department of Human Services, Division of Rehabilitation | 20 |
| Services, to operate a vending facility on any and all State | 21 |
| property in the State of Illinois, in the same manner and to | 22 |
| the same extent as the priority is provided to blind licensees | 23 |
| on Federal property under the Randolph-Sheppard Act, 20 U.S.C. | 24 |
| 107, and Federal regulations, 34 C.F.R. 395.30. | 25 |
| "Secretary" means the Secretary of Human Services. | 26 |
| "Set-aside funds" means funds that accrue to the Department |
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| from an assessment against the net income of each vending
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| facility in the State's vending facility program and any income | 3 |
| from
vending machines on State or federal property that accrues | 4 |
| to the Department. | 5 |
| "State agency" means any department, board, commission, or | 6 |
| agency created by the Constitution or Public Act, whether in | 7 |
| the executive, legislative, or judicial branch. | 8 |
| "State property" means all property owned, leased, or | 9 |
| rented by any State agency. For purposes of this Act, "State | 10 |
| property" does not include property owned or controlled by a | 11 |
| unit of local government, a public school district, or a public | 12 |
| university, college, or community college. | 13 |
| "Vending facility" means automatic vending machines,
snack | 14 |
| bars, cart service, counters, rest areas, and such other | 15 |
| appropriate
auxiliary equipment that may be operated by blind | 16 |
| vendors and that
is necessary for the sale of newspapers, | 17 |
| periodicals, confections,
tobacco products, foods, beverages, | 18 |
| and notions
dispensed automatically or manually and prepared on | 19 |
| or off the premises
in accordance with all applicable health | 20 |
| laws, and including the vending
and payment of any lottery | 21 |
| tickets or shares authorized by State law and
conducted by a | 22 |
| State agency within the State. "Vending facility" does not | 23 |
| include cafeterias, restaurants, the Department of | 24 |
| Corrections' non-vending machine commissaries, the Department | 25 |
| of
Juvenile Justice's non-vending machine commissaries, or | 26 |
| commissaries and employment programs of the Division of Mental |
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| Health or Division of Developmental Disabilities that are | 2 |
| operated by residents or State employees. | 3 |
| "Vending machine", for the purpose of assigning vending | 4 |
| machine
income under this Act, means a coin, currency, or debit | 5 |
| card operated machine that
dispenses articles or services, | 6 |
| except that those machines operated by
the United States Postal | 7 |
| Service for the sale of postage stamps or other
postal products | 8 |
| and services, machines providing services of a
recreational | 9 |
| nature, and telephones shall not be considered to be
vending | 10 |
| machines. | 11 |
| "Vending machine income" means the commissions or fees paid | 12 |
| to the State from vending machine operations on State property | 13 |
| where the machines are operated, serviced,
or maintained by, or | 14 |
| with the approval of, a State agency by a commercial or | 15 |
| not-for-profit vending concern that operates, services, and | 16 |
| maintains vending machines.
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| "Vendor" means a blind licensee who is operating a vending
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| facility on State, federal, or other property.
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| Section 10. Business Enterprise Program for the Blind. | 20 |
| (a) The Business Enterprise Program for the Blind is | 21 |
| created for the purposes of providing blind persons with | 22 |
| remunerative employment, enlarging the economic opportunities | 23 |
| of the blind, and stimulating the blind to greater efforts in | 24 |
| striving to make themselves self-supporting. In order to | 25 |
| achieve these goals, blind persons licensed under this Act |
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| shall be authorized to operate vending facilities on any | 2 |
| property within this State as provided by this Act. | 3 |
| It is the intent of the General Assembly that the | 4 |
| Randolph-Sheppard Act, 20 USC Sections 107-107f, and the | 5 |
| federal regulations for its administration set forth in Part | 6 |
| 395 of Title 34 of the Code of Federal Regulations, shall serve | 7 |
| as a model for minimum standards for the operation of the | 8 |
| Business Enterprise Program for the Blind. The federal | 9 |
| Randolph-Sheppard Act provides employment opportunities for | 10 |
| individuals who are blind or visually impaired through the | 11 |
| Business Enterprise Program for the Blind. Under the | 12 |
| Randolph-Sheppard Act, all federal agencies are required to | 13 |
| give priority to licensed blind vendors in the operation of | 14 |
| vending facilities on federal property. It is the intent of | 15 |
| this Act to provide the same priority to licensed blind vendors | 16 |
| on State property by requiring State agencies to give priority | 17 |
| to licensed blind vendors in the operation of vending | 18 |
| facilities on State property and preference to licensed blind | 19 |
| vendors in the operation of cafeteria facilities on State | 20 |
| property. Furthermore it is the intent of this Act that all | 21 |
| State agencies, particularly the Department of Central | 22 |
| Management Services, promote and advocate for the Business | 23 |
| Enterprise Program for the Blind. | 24 |
| (b) The Secretary, through the Director, shall continue, | 25 |
| maintain, and promote the Business Enterprise Program for the | 26 |
| Blind. Some or all of the functions of the program may be |
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| provided by the Department of Human Services. The Business | 2 |
| Enterprise Program for the Blind must provide that: | 3 |
| (1) priority is given to blind vendors in the operation | 4 |
| of vending facilities on State property; | 5 |
| (2) tie bid preference is given to blind vendors in the | 6 |
| operation of cafeterias on State property, unless the | 7 |
| cafeteria operations are operated by employees of a State | 8 |
| agency; | 9 |
| (3) vending machine income from all vending machines on | 10 |
| State property is assigned as provided for by Section 30 of | 11 |
| this Act; | 12 |
| (4) no State agency may impose any commission, service | 13 |
| charge, rent, or utility charge on a licensed blind vendor | 14 |
| who is operating a vending facility on State property | 15 |
| unless
approved by the Department; | 16 |
| (5) the Department shall approve a commission to the | 17 |
| State agency from a blind vendor operating a vending | 18 |
| facility on the State property of the Department of | 19 |
| Corrections or the Department of Juvenile Justice in the | 20 |
| amount of 10% of the net proceeds from vending machines | 21 |
| servicing State employees and 25% of the net proceeds from | 22 |
| vending machines servicing visitors on the State property; | 23 |
| and | 24 |
| (6) vending facilities operated by the Program use | 25 |
| reasonable and necessary means and methods to maintain fair | 26 |
| market pricing in relation to each facility's given |
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| demographic, geographic, and other circumstances. | 2 |
| (c) With respect to vending facilities on federal property | 3 |
| within this State, priority shall be given as provided in the | 4 |
| federal Randolph-Sheppard Act, 20 USC Sections 107-107f, | 5 |
| including any amendments thereto. This Act, as it applies to | 6 |
| federal property, is intended to conform to the federal Act, | 7 |
| and is to be of no force or effect if, and to the extent that, | 8 |
| any provision of this Act or any rule adopted under this Act is | 9 |
| in conflict with the federal Act. Nothing in this subsection | 10 |
| shall be construed to impose limitations on the operation of | 11 |
| vending facilities on State property, or property other than | 12 |
| federal property, or to allow only those activities | 13 |
| specifically enumerated in the Randolph-Sheppard Act. | 14 |
| (d) The Secretary shall actively pursue all commissions | 15 |
| from vending facilities not operated by blind vendors as | 16 |
| provided in Section 30 of this Act, and shall propose new | 17 |
| placements of vending facilities on State property where a | 18 |
| facility is not yet in place. | 19 |
| (e) Partnerships and teaming arrangements between blind | 20 |
| vendors and private industry, including franchise operations, | 21 |
| shall be fostered and encouraged by the Department. | 22 |
| Section 15. Vending facilities on State property. | 23 |
| (a) In order to ensure that priority is given to blind | 24 |
| vendors in the operation of vending facilities on State | 25 |
| property as provided in Section 10, the Secretary, directly or |
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| by delegation to the Director, and the Committee shall jointly | 2 |
| develop rules to ensure the following: | 3 |
| (1) That priority is given to blind persons licensed | 4 |
| under this Act or under its predecessor Act (the Blind | 5 |
| Persons Operating Vending Facilities Act, 20 ILCS 2420/), | 6 |
| including the assignment of vending machine income as | 7 |
| provided in this Act. | 8 |
| (2) That one or more vending facilities shall be | 9 |
| established on all State property to the extent feasible. | 10 |
| Where a larger vending facility is determined by the | 11 |
| Director and the Committee to be infeasible, every effort | 12 |
| shall be made to place vending machines on the property | 13 |
| whenever possible. The Director and the Committee shall | 14 |
| take into account the following criteria when determining | 15 |
| whether establishment of a vending facility is feasible: | 16 |
| (A) the number of State employees, visitors, and | 17 |
| other potential facility customers on the property in a | 18 |
| given period; | 19 |
| (B) the size, in square feet, of the area owned, | 20 |
| leased, occupied, or otherwise controlled by the | 21 |
| State; | 22 |
| (C) the duration the property is expected to be | 23 |
| leased or occupied by the State; | 24 |
| (D) whether establishment of a vending facility | 25 |
| would adversely affect the interests of the State; and | 26 |
| (E) the likelihood that the vending facility would |
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| produce an adequate net income for a blind vendor as | 2 |
| determined by the average income of all blind vendors | 3 |
| in the State. | 4 |
| (b) Any determination by the Director, or by the State | 5 |
| agency controlling the property, that the placement or | 6 |
| operation of a vending facility is not feasible, or that the | 7 |
| placement or operation would adversely affect the interests of | 8 |
| the State shall be in writing and shall be transmitted to the | 9 |
| Committee for review and ratification or rejection. | 10 |
| (c) The Secretary, through the Director, subject to the | 11 |
| rules developed and adopted pursuant to subsection (a) of this | 12 |
| Section and the requirements of federal law and regulations, is | 13 |
| authorized to select a location for a vending facility and the | 14 |
| type of facility to be provided. | 15 |
| (d) Beginning January 1, 2010, all State agencies that: | 16 |
| (1) undertake to acquire any property, in whole or in | 17 |
| part, by ownership, rent, or lease, or that undertake to | 18 |
| relocate to any property, shall request a determination | 19 |
| from the Director or his or her designee as to whether the | 20 |
| new property includes a satisfactory site or sites for the | 21 |
| location and operation of a blind vendor vending facility; | 22 |
| or | 23 |
| (2) undertake to occupy a building that is to be | 24 |
| constructed, substantially altered, or renovated, or in | 25 |
| the case of a building that is already occupied by the | 26 |
| State agency, undertake to substantially alter or renovate |
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| that building for use by the State agency; | 2 |
| shall request a determination from the Director or his or her | 3 |
| designee as to whether that building includes a satisfactory | 4 |
| site or sites for the location and operation of a blind vendor | 5 |
| vending facility. | 6 |
| Upon receiving a request for a determination under this | 7 |
| subsection (d), the Director or his or her designee and the | 8 |
| Committee shall have 10 days in which to notify that requesting | 9 |
| State agency as to whether the new property or building is | 10 |
| satisfactory or not satisfactory for the operation of a blind | 11 |
| vendor vending facility. A site shall be deemed to be a | 12 |
| satisfactory site by examining the potential customer base, | 13 |
| including, but not limited to, State employees, State | 14 |
| contractual employees, and the general public. The | 15 |
| determination shall be based upon a site survey or any other | 16 |
| reasonable means enabling an accurate assessment of the | 17 |
| location. If the property has an existing private vendor, | 18 |
| bottler, or vending machine operator, then the property shall | 19 |
| be presumed to be a satisfactory site. If the Director, in | 20 |
| consultation with the Committee, determines that the number of | 21 |
| people using the location is or will be insufficient to support | 22 |
| a vending facility, then the Director shall determine the | 23 |
| property to be not satisfactory. | 24 |
| Upon a determination by the Director or his or her designee | 25 |
| and the Committee that the new property or building is | 26 |
| satisfactory for the operation of a blind vendor vending |
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| facility, the Director, in consultation with the head of the | 2 |
| State agency and in accordance with the rules developed | 3 |
| pursuant to subsection (a), shall inform the agency to comply | 4 |
| with the priority established for the operation of vending | 5 |
| facilities by blind persons under this Act. | 6 |
| (e) All State agencies shall fully cooperate with the | 7 |
| Department to ensure that priority is given to blind vendors in | 8 |
| the operation of vending facilities on State property. This | 9 |
| includes notifying the Department prior to the expiration of | 10 |
| existing contracts or agreements for vending facilities or when | 11 |
| such contracts or agreements are considered for renewal | 12 |
| options. The notification must be given, when feasible, no | 13 |
| later than 6 months prior to the potential expiration or | 14 |
| renewal of the existing vending facility contract or agreement. | 15 |
| Section 25. Set-aside funds; Blind Vendors Trust Fund. | 16 |
| (a) The Department may provide, by rule, for set-asides | 17 |
| similar to those provided in Section 107d-3 of the | 18 |
| Randolph-Sheppard Act. If any funds are set aside, or caused to | 19 |
| be set aside, from the net proceeds of the operation of vending | 20 |
| facilities by blind vendors, the funds shall be set aside only | 21 |
| to the extent necessary in a percentage amount not to exceed | 22 |
| that determined jointly by the Director and the Committee and | 23 |
| published in State rule, and that these funds may be used only | 24 |
| for the following purposes: (1) maintenance and replacement of | 25 |
| equipment; (2) purchase of new equipment; (3) construction of |
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| new vending facilities; (4) funding the functions of the | 2 |
| Committee, including legal and other professional services; | 3 |
| and (5) retirement or pension funds, health insurance, paid | 4 |
| sick leave, and vacation time for blind licensees, so long as | 5 |
| these benefits are approved by a majority vote of all Illinois | 6 |
| licensed blind vendors that occurs after the Department | 7 |
| provides these vendors with information on all matters relevant | 8 |
| to these purposes. | 9 |
| (b) No set-aside funds shall be collected from a blind | 10 |
| vendor when the monthly net proceeds of that vendor are less | 11 |
| than $1,000. This amount may be adjusted annually by the | 12 |
| Director and the Committee to reflect changes in the cost of | 13 |
| living. | 14 |
| (c) The Department shall establish, with full | 15 |
| participation by the Committee, the Blind Vendors Trust Fund as | 16 |
| a separate account managed by the Department for the State's | 17 |
| blind vendors. | 18 |
| (d) Set-aside funds collected from the operation of all | 19 |
| vending facilities administered by the Business Enterprise | 20 |
| Program for the Blind shall be placed in the Blind Vendors | 21 |
| Trust Fund, which shall include set-aside funds from facilities | 22 |
| on federal property. The Fund must provide separately | 23 |
| identified sub-accounts for moneys from (i) federal and (ii) | 24 |
| State and other facilities, as well as vending machine income | 25 |
| generated pursuant to Section 30 of this Act. These funds shall | 26 |
| be available until expended and shall not revert to the General |
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| Revenue Fund or to any other State account.
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| (e) It is the intent of the General Assembly that the | 3 |
| expenditure of set-aside funds authorized by this Section shall | 4 |
| be supplemental to any current appropriation or other moneys | 5 |
| made available for these purposes and shall not constitute an | 6 |
| offset of any previously existing appropriation or other | 7 |
| funding source. In no way shall this imply that the | 8 |
| appropriation for the Blind Vendors Program may never be | 9 |
| decreased, rather that the new funds shall not be used as an | 10 |
| offset. | 11 |
| (f) An amount equal to 10% of the wages paid by a blind | 12 |
| vendor to any employee who is blind or otherwise disabled shall | 13 |
| be deducted from any set-aside charge paid by the vendor each | 14 |
| month, in order to encourage vendors to employ blind and | 15 |
| disabled workers and to set an example for industry and | 16 |
| government. No deduction shall be made for any employee paid | 17 |
| less than the State or federal minimum wage. | 18 |
| Section 30. Vending machine income and compliance. | 19 |
| (a) Except as provided in subsections (b), (c), (d), (e), | 20 |
| and (i) of this Section, after July 1, 2010, all vending | 21 |
| machine income, as defined by this Act, from vending machines | 22 |
| on State property shall accrue to (1) the blind vendor | 23 |
| operating the vending facilities on the property or (2) in the | 24 |
| event there is no blind vendor operating a facility on the | 25 |
| property, the Blind Vendors Trust Fund for use exclusively as |
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| set forth in subsection (a) of Section 25 of this Act. | 2 |
| (b) Notwithstanding the provisions of subsection (a) of | 3 |
| this Section, all State university cafeterias and vending | 4 |
| machines are exempt from this Act. | 5 |
| (c) Notwithstanding the provisions of subsection (a) of | 6 |
| this Section, all vending facilities at the Governor Samuel H. | 7 |
| Shapiro Developmental Center in Kankakee are exempt from this | 8 |
| Act. | 9 |
| (d) Notwithstanding the provisions of subsection (a) of | 10 |
| this Section, in
the event there is no blind vendor operating a | 11 |
| vending facility on the
State property, all vending machine | 12 |
| income, as defined in this Act, from
vending machines on the | 13 |
| State property of the Department of Corrections
and the | 14 |
| Department of Juvenile Justice shall accrue to the State agency
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| and be allocated in accordance with the commissary provisions | 16 |
| in the Unified Code of Corrections. | 17 |
| (e) Notwithstanding the provisions of subsection (a) of | 18 |
| this Section, in the event a blind vendor is operating a | 19 |
| vending facility on
the State property of the Department or | 20 |
| Corrections or the Department of
Juvenile Justice, a commission | 21 |
| shall be paid to the State agency equal to
10% of the net | 22 |
| proceeds from vending machines servicing State employees
and | 23 |
| 25% of the net proceeds from vending machines servicing | 24 |
| visitors on
the State property. | 25 |
| (f) The Secretary, directly or by delegation of authority, | 26 |
| shall ensure compliance with this Section and Section 15 of |
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| this Act with respect to buildings, installations, facilities, | 2 |
| roadside rest stops, and any other State property, and shall be | 3 |
| responsible for the collection of, and accounting for, all | 4 |
| vending machine income on this property. The Secretary shall | 5 |
| enforce these provisions through litigation, arbitration, or | 6 |
| any other legal means available to the State, and each State | 7 |
| agency in control of this property shall be subject to the | 8 |
| enforcement. State agencies or departments failing to comply | 9 |
| with an order of the Department may be held in contempt in any | 10 |
| court of general jurisdiction. | 11 |
| (g) Any limitation on the placement or operation of a | 12 |
| vending machine by a State agency based on a determination that | 13 |
| such placement or operation would adversely affect the | 14 |
| interests of the State must be explained in writing to the | 15 |
| Secretary. The Secretary shall promptly determine whether the | 16 |
| limitation is justified. If the Secretary determines that the | 17 |
| limitation is not justified, the State agency seeking the | 18 |
| limitation shall immediately remove the limitation. | 19 |
| (h) The amount of vending machine income accruing from | 20 |
| vending machines on State property that may be used for the | 21 |
| functions of the Committee shall be determined annually by a | 22 |
| two-thirds vote of the Committee, except that no more than 25% | 23 |
| of the annual vending machine income may be used by the | 24 |
| Committee for this purpose, based upon the income accruing to | 25 |
| the Blind Vendors Trust Fund in the preceding year. The | 26 |
| Committee may establish its budget and expend funds through |
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| contract or otherwise without the approval of the Department. | 2 |
| (i) Notwithstanding the provisions of subsection (a) of | 3 |
| this Section, with respect to vending machines located on any | 4 |
| facility or property controlled or operated by the Division of | 5 |
| Mental Health or the Division of Developmental Disabilities | 6 |
| within the Department of Human Services: | 7 |
| (1) Any written contract in place as of the effective date | 8 |
| of this Act between the Division and the Business Enterprise | 9 |
| Program for the Blind shall be maintained and fully adhered to | 10 |
| including any moneys paid to the individual facilities. | 11 |
| (2) With respect to existing vending machines with no | 12 |
| written contract or agreement in place as of the effective date | 13 |
| of this Act between the Division and a private vendor, bottler, | 14 |
| or vending machine supplier, the Business Enterprise Program | 15 |
| for the Blind has the right to provide the vending services as | 16 |
| provided in this Act, provided that the blind vendor must | 17 |
| provide 10% of gross sales from those machines to the | 18 |
| individual facilities.
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| Section 40. Licenses. | 20 |
| (a) Licenses shall be issued only to blind persons who are | 21 |
| qualified to operate vending facilities. The continuing | 22 |
| eligibility of a vendor as a blind person shall be reviewed | 23 |
| biennially for partially sighted individuals or whenever the | 24 |
| Director has information indicating the vendor is no longer | 25 |
| blind as defined under this Act. |
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| (b) Following agreement by the Secretary, the Director, and | 2 |
| the Committee, the Secretary shall adopt and publish rules | 3 |
| providing for (1) the requirements for licensure as a blind | 4 |
| vendor; (2) a curriculum for training, in-service training, and | 5 |
| upward mobility training for blind vendors; and (3) a regular | 6 |
| schedule for offering the training, classes to be offered at | 7 |
| least once per year. | 8 |
| (c) Each license issued pursuant to this Section shall be | 9 |
| for an indefinite period as described by rule. The license of a | 10 |
| blind vendor may be terminated or suspended for good cause, but | 11 |
| only after affording the licensee an opportunity for a full and | 12 |
| fair hearing in accordance with the provisions of this Act. | 13 |
| Section 45. Committee of Blind Vendors. | 14 |
| (a) The Secretary, through the Director, shall provide for | 15 |
| the biennial election of the Committee, which shall be fully | 16 |
| representative of all blind licensees in the State. There shall | 17 |
| be no fewer than one Committee member for each 15 licensed | 18 |
| blind vendors in the State. | 19 |
| (b) The Committee is empowered to hire staff; contract for | 20 |
| consultants including, but not limited to, legal counsel; set | 21 |
| agendas and call meetings; create a constitution and bylaws, | 22 |
| subcommittees, and budgets; and do any other thing a | 23 |
| not-for-profit organization may do through the use of the Blind | 24 |
| Vendors Trust Fund. At the discretion of the Committee major | 25 |
| issues may be referred for initial consideration to a |
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| subcommittee, or to all blind vendors in order to ascertain | 2 |
| their views. | 3 |
| (c) The Secretary shall ensure that the Committee jointly | 4 |
| participates with the State in the development and | 5 |
| implementation of all policies, plans, program development, | 6 |
| and major administrative and management decisions affecting | 7 |
| the Business Enterprise Program for the Blind. The Secretary, | 8 |
| through the Director, shall provide to the Committee all | 9 |
| relevant financial information and data, including quarterly | 10 |
| and annual financial reports, on the operation of the vending | 11 |
| facility program in order that the Committee may fully | 12 |
| participate in budget development and formulation, the | 13 |
| establishment of set-aside levels, and other program | 14 |
| requirements. A copy of all completed audits, reports, and | 15 |
| investigations affecting the Business Enterprise Program for | 16 |
| the Blind shall be distributed to the Committee in a timely | 17 |
| manner. Any implementation of changes in administrative policy | 18 |
| or program development that are within the discretion of the | 19 |
| Department shall occur only after Committee review. | 20 |
| Section 50. Hearings; arbitration. | 21 |
| (a) Any blind vendor dissatisfied with any act or omission | 22 |
| arising from the operation or administration of the vending | 23 |
| facility program may submit to the Secretary a request for a | 24 |
| full evidentiary hearing. This hearing shall be provided in a | 25 |
| timely manner by the Department. Damages, including |
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| compensatory damages, attorney's fees, and expenses, must be | 2 |
| paid to any operator who prevails in the full evidentiary | 3 |
| hearing; however, payment of damages may not be paid from any | 4 |
| program funds, the Blind Vendors Trust Fund, or federal | 5 |
| rehabilitation funds. If the blind vendor is dissatisfied with | 6 |
| any action taken or decision rendered as a result of the | 7 |
| hearing, that vendor may file a complaint for arbitration with | 8 |
| the Secretary. | 9 |
| (b) If the Secretary determines that any State agency has | 10 |
| failed to comply with the requirements of this Act, the | 11 |
| Secretary must establish a panel to arbitrate the dispute and | 12 |
| the decision of the panel shall be final and binding on the | 13 |
| parties. Any arbitration panel convened by the Secretary shall | 14 |
| be composed of 3 members, appointed as follows: | 15 |
| (1) one individual appointed by the Secretary; | 16 |
| (2) one individual appointed by the State agency | 17 |
| determined by the Secretary to be in noncompliance with the | 18 |
| Act; and | 19 |
| (3) one individual, who shall serve as chairperson, | 20 |
| jointly designated by the members appointed under items (1) | 21 |
| and (2); provided that, if within 30 days following the | 22 |
| Secretary's determination of noncompliance either party | 23 |
| fails to appoint a panel member, or if the parties are | 24 |
| unable to agree on the appointment of the chairperson, the | 25 |
| Secretary shall select the final panel member or may | 26 |
| designate a hearing officer of the Department who shall |
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| preside. | 2 |
| (c) The Secretary may issue a letter of reprimand to a | 3 |
| blind vendor who violates program rules or policy. Depending | 4 |
| upon the seriousness of the alleged violation, the letter of | 5 |
| reprimand may indicate the intention to suspend or terminate | 6 |
| the license of the vendor. All reprimand letters shall be sent | 7 |
| in a medium accessible by the vendor, and shall be sent by | 8 |
| certified mail, return receipt requested. The Secretary must | 9 |
| make every reasonable effort to assist the subject vendor to | 10 |
| correct the problem for which the vendor is reprimanded. No | 11 |
| process to suspend or terminate a license shall be initiated | 12 |
| before the vendor is accorded the opportunity for a full | 13 |
| evidentiary hearing as provided under subsection (a). A vendor | 14 |
| may be summarily removed from a facility only in an emergency. | 15 |
| Section 60. General provisions. | 16 |
| (a) Blind vendors operating vending facilities are subject | 17 |
| to the applicable license or permit requirements of the county | 18 |
| or municipality in which the facility is located necessary for | 19 |
| the conduct of their business. | 20 |
| (b) Vendors licensed pursuant to this Act are authorized to | 21 |
| keep guide animals with them while operating vending facilities | 22 |
| subject to public health laws and rules. | 23 |
| (c) The Secretary, the Director, and the Committee shall | 24 |
| cooperate in the development of rules to be promulgated by the | 25 |
| Department regarding life standards for vending facility |
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| equipment. Such rules shall include, but are not limited to, | 2 |
| the life expectancy of equipment; time periods within which | 3 |
| equipment should be replaced; exceptions to the replacement | 4 |
| time periods for equipment with no service problem history; and | 5 |
| replacement schedules for equipment subject to excessive | 6 |
| failures not the fault of the vendor. | 7 |
| (d) The Secretary, through the Director, shall assign | 8 |
| adequate personnel to carry out duties related to the | 9 |
| administration and management of this Act. In selecting | 10 |
| personnel to fill any program position under this subsection, | 11 |
| the Secretary shall ensure that the Committee has full advance | 12 |
| opportunity to review the selections, to submit comments | 13 |
| thereon, and to assess the adequacy of staffing levels for the | 14 |
| program. | 15 |
| (e) The Secretary shall provide each vendor access to: all | 16 |
| financial information, his or her performance ratings, and all | 17 |
| other individual personnel documents and data maintained by the | 18 |
| Department. This includes providing each vendor a written copy | 19 |
| of all rules and policies adopted pursuant to this Act. Upon | 20 |
| request, the information shall be furnished in the medium most | 21 |
| accessible by the vendor. | 22 |
| (f) The surviving spouse of a current Illinois licensed | 23 |
| blind vendor who dies may continue to operate the facility for | 24 |
| a period of 6 months following the death of the vendor, | 25 |
| provided that the surviving spouse is qualified by experience | 26 |
| or training to manage the facility. |
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| (g) The Secretary shall, by rule, require licensed blind | 2 |
| vendors to obtain additional training to operate a blind | 3 |
| vending facility for State property determined by a State | 4 |
| agency to be high security property. | 5 |
| Section 65. Program rules. | 6 |
| (a) The Secretary shall promulgate and adopt necessary | 7 |
| rules, and do all things necessary and proper to carry out this | 8 |
| Act. The Secretary by delegation shall review these rules with | 9 |
| the Committee at least every 3 years. | 10 |
| (b) The rules shall include, but are not limited to, the | 11 |
| following: (1) uniform procedures for vendor licensing and | 12 |
| termination; (2) criteria and standards for selecting vendors | 13 |
| and matching them to facilities to ensure that the most | 14 |
| qualified person is selected; (3) equipment life standards and | 15 |
| service standards for the inventory, repair, and purchase of | 16 |
| equipment; (4) minimum requirements for the establishment of a | 17 |
| vending facility; (5) standards for training, in-service | 18 |
| training, and upward mobility; and (6) policies and procedures | 19 |
| for the collection, deposit, reimbursement, and use of all | 20 |
| program income, including vending machine income. | 21 |
| Section 70. Property Survey and Report. | 22 |
| (a) The Department shall survey and report on State | 23 |
| property and vending facilities not later than December 31, | 24 |
| 2010. The report shall contain the following information: |
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| (1) A list of all State property or other property | 2 |
| within the State that does or reasonably could accommodate | 3 |
| a vending facility as provided for in this Act or as | 4 |
| provided for in the federal Randolph-Sheppard Act. | 5 |
| (2) For the buildings or locations that have vending | 6 |
| facilities or vending machines in place, an indication of | 7 |
| the facilities operated by licensed blind vendors under the | 8 |
| Business Enterprise Program for the Blind and an indication | 9 |
| of the facilities operated by private entities. | 10 |
| (3) For the vending facilities or vending machines | 11 |
| operated by private entities, an indication of the | 12 |
| facilities from which commissions for the Business | 13 |
| Enterprise Program for the Blind have been or are being | 14 |
| collected. | 15 |
| (4) For the buildings or other property that do not | 16 |
| have vending facilities in place, an indication of the | 17 |
| locations where a vending facility could appropriately be | 18 |
| placed, or the reasons why a vending facility is not | 19 |
| feasible in the building or property. | 20 |
| (b) The Department shall obtain all available information | 21 |
| and conduct a survey, before June 30 of every odd-numbered year | 22 |
| after the effective date of this Act. This survey shall | 23 |
| identify but not be limited to the following information: | 24 |
| (1) The number and identity of the buildings owned, | 25 |
| leased, acquired, or occupied by the State. | 26 |
| (2) The number and identity of the State buildings |
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| where vending facilities or vending machines are located. | 2 |
| (3) The number of employees located in or visiting | 3 |
| these buildings during normal working hours. | 4 |
| (4) The usable interior square footage of the building; | 5 |
| and | 6 |
| (5) Any other information the Department may determine | 7 |
| to be useful in expanding the Business Enterprise Program | 8 |
| for the Blind to the maximum extent feasible consistent | 9 |
| with the purposes of this Act. | 10 |
| (c) All State agencies controlling State property or parts | 11 |
| thereof where vending machines or vending facilities are | 12 |
| located must cooperate with the Department by providing | 13 |
| information on the vending machines or facilities at those | 14 |
| locations. This information shall include, but is not limited | 15 |
| to, the terms of contracts for vending, including financial | 16 |
| terms, and the disbursement practices for vending machine | 17 |
| income. The Department shall incorporate this information in | 18 |
| its reports and updates. | 19 |
| (d) The Department shall use the reports and updates | 20 |
| mandated by this Section to develop greater opportunities for | 21 |
| the placement of blind vendors, to increase vending machine | 22 |
| income to the program, and to aid in establishing vending | 23 |
| machines and facilities on State property. | 24 |
| (e) The reports and surveys prepared pursuant to this | 25 |
| Section shall be provided to the Committee and to the | 26 |
| appropriate committees of the General Assembly.
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| (20 ILCS 2420/Act rep.)
| 2 |
| Section 90. The Blind Persons Operating Vending Facilities | 3 |
| Act is repealed.".
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