Full Text of HB1617 101st General Assembly
HB1617ham002 101ST GENERAL ASSEMBLY | Rep. Justin Slaughter Filed: 3/22/2019
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| 1 | | AMENDMENT TO HOUSE BILL 1617
| 2 | | AMENDMENT NO. ______. Amend House Bill 1617 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Blind Vendors Act is amended by changing | 5 | | Section 30 as follows: | 6 | | (20 ILCS 2421/30)
| 7 | | Sec. 30. Vending machine income and compliance. | 8 | | (a) Except as provided in subsections (b), (c), (d), (e), | 9 | | and (i) of this Section, after July 1, 2010, all vending | 10 | | machine income, as defined by this Act, from vending machines | 11 | | on State property shall accrue to (1) the blind vendor | 12 | | operating the vending facilities on the property or (2) in the | 13 | | event there is no blind vendor operating a facility on the | 14 | | property, the Blind Vendors Trust Fund for use exclusively as | 15 | | set forth in subsection (a) of Section 25 of this Act. | 16 | | (b) Notwithstanding the provisions of subsection (a) of |
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| 1 | | this Section, all State university cafeterias and vending | 2 | | machines are exempt from this Act. | 3 | | (c) Notwithstanding the provisions of subsection (a) of | 4 | | this Section, all vending facilities at the Governor Samuel H. | 5 | | Shapiro Developmental Center in Kankakee are exempt from this | 6 | | Act. | 7 | | (d) Notwithstanding the provisions of subsection (a) of | 8 | | this Section, in
the event there is no blind vendor operating a | 9 | | vending facility on the
State property, all vending machine | 10 | | income, as defined in this Act, from
vending machines on the | 11 | | State property of the Department of Corrections
and the | 12 | | Department of Juvenile Justice shall accrue to the State agency
| 13 | | and be allocated in accordance with the commissary provisions | 14 | | in the Unified Code of Corrections. | 15 | | (e) Notwithstanding the provisions of subsection (a) of | 16 | | this Section, in the event a blind vendor is operating a | 17 | | vending facility on
the State property of the Department of | 18 | | Corrections or the Department of
Juvenile Justice, a commission | 19 | | shall be paid to the State agency equal to
10% of the net | 20 | | proceeds from vending machines servicing State employees
and | 21 | | 10% 25% of the net proceeds from vending machines servicing | 22 | | visitors on
the State property. | 23 | | (f) The Secretary, directly or by delegation of authority, | 24 | | shall ensure compliance with this Section and Section 15 of | 25 | | this Act with respect to buildings, installations, facilities, | 26 | | roadside rest stops, and any other State property, and shall be |
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| 1 | | responsible for the collection of, and accounting for, all | 2 | | vending machine income on this property. The Secretary shall | 3 | | enforce these provisions through litigation, arbitration, or | 4 | | any other legal means available to the State, and each State | 5 | | agency in control of this property shall be subject to the | 6 | | enforcement. State agencies or departments failing to comply | 7 | | with an order of the Department may be held in contempt in any | 8 | | court of general jurisdiction. | 9 | | (g) Any limitation on the placement or operation of a | 10 | | vending machine by a State agency based on a determination that | 11 | | such placement or operation would adversely affect the | 12 | | interests of the State must be explained in writing to the | 13 | | Secretary. The Secretary shall promptly determine whether the | 14 | | limitation is justified. If the Secretary determines that the | 15 | | limitation is not justified, the State agency seeking the | 16 | | limitation shall immediately remove the limitation. | 17 | | (h) The amount of vending machine income accruing from | 18 | | vending machines on State property that may be used for the | 19 | | functions of the Committee shall be determined annually by a | 20 | | two-thirds vote of the Committee, except that no more than 25% | 21 | | of the annual vending machine income may be used by the | 22 | | Committee for this purpose, based upon the income accruing to | 23 | | the Blind Vendors Trust Fund in the preceding year. The | 24 | | Committee may establish its budget and expend funds through | 25 | | contract or otherwise without the approval of the Department. | 26 | | (i) Notwithstanding the provisions of subsection (a) of |
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| 1 | | this Section, with respect to vending machines located on any | 2 | | facility or property controlled or operated by the Division of | 3 | | Mental Health or the Division of Developmental Disabilities | 4 | | within the Department of Human Services: | 5 | | (1) Any written contract in place as of the effective | 6 | | date of this Act between the Division and the Business | 7 | | Enterprise Program for the Blind shall be maintained and | 8 | | fully adhered to including any moneys paid to the | 9 | | individual facilities. | 10 | | (2) With respect to existing vending machines with no | 11 | | written contract or agreement in place as of the effective | 12 | | date of this Act between the Division and a private vendor, | 13 | | bottler, or vending machine supplier, the Business | 14 | | Enterprise Program for the Blind has the right to provide | 15 | | the vending services as provided in this Act, provided that | 16 | | the blind vendor must provide 10% of gross sales from those | 17 | | machines to the individual facilities.
| 18 | | (Source: P.A. 99-78, eff. 7-20-15.)".
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