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ILCS 2421
(20 ILCS 2421/1)
Sec. 1. Short title. This Act may be cited as the Blind Vendors Act.
(Source: P.A. 96-644, eff. 1-1-10.)
(20 ILCS 2421/5)
Sec. 5. Definitions. As used in this Act:
"Blind licensee" means a blind person licensed by the Department to operate a
vending facility on State, federal, or other property.
"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 20
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 shall select.
"Building" means only the portion of a structure owned or leased by the State or
any State agency.
"Cafeteria" means a food dispensing facility capable of providing a broad
variety of prepared foods and beverages (including hot meals) primarily through
the use of a line where the customer serves himself or herself from displayed
selections. A cafeteria may be fully automatic or some limited waiter or
waitress service may be available and provided within a cafeteria and table or
booth seating facilities are always provided.
"Committee" means the Illinois Committee of Blind Vendors, an independent
representative body for blind vendors established by the federal
Randolph-Sheppard Act.
"Department" means the Department of Human Services.
"Director" means the Bureau Director of the Bureau for the Blind in the
Department of Human Services.
"Federal property" means any structure, land, or other real property owned,
leased, or occupied by any department, agency or instrumentality of the United
States (including the Department of Defense and the U.S. Postal Service), or any
other instrumentality wholly owned by the United States, or by any department or
agency of the District of Columbia or any territory or possession of the United
States.
"License" means a written instrument issued by the Department to a blind person,
authorizing such person to operate a vending facility on State, federal, or
other property.
"Net proceeds" means the amount remaining from the sale of articles or services
of vending facilities, and any vending machine or other income accruing to blind
vendors after deducting the cost of such sale and other expenses (excluding any
set-aside charges required to be paid by the blind vendors).
"Normal working hours" means an 8-hour work period between the approximate hours
of 8:00 a.m. to 6:00 p.m., Monday through Friday.
"Other property" means property that is not State or federal property and on
which vending facilities are established or operated by the use of any funds
derived in whole or in part, directly or indirectly, from the operation of
vending facilities on any State or federal property.
"Priority" means the right of a blind person licensed by the Department of Human
Services, Division of Rehabilitation Services, to operate a vending facility on
any and all State property in the State of Illinois, in the same manner and to
the same extent as the priority is provided to blind licensees on federal
property under the Randolph-Sheppard Act, 20 U.S.C. 107, and federal
regulations, 34 C.F.R. 395.30.
"Secretary" means the Secretary of Human Services.
"Set-aside funds" means funds that accrue to the Department from an assessment
against the net income of each vending facility in the State's vending facility
program and any income from vending machines on State or federal property that
accrues to the Department.
"State agency" means any department, board, commission, or agency created by the
Constitution or Public Act, whether in the executive, legislative, or judicial
branch.
"State property" means all property owned, leased, or rented by any State
agency. For purposes of this Act, "State property" does not include property
owned or controlled by a unit of local government, a public school district, or
a public university, college, or community college.
"Vending facility" means automatic vending machines, snack bars, cart service,
counters, rest areas, and such other appropriate auxiliary equipment that may be
operated by blind vendors and that is necessary for the sale of newspapers,
periodicals, confections, tobacco products, foods, beverages, and notions
dispensed automatically or manually and prepared on or off the premises in
accordance with all applicable health laws, and including the vending and
payment of any lottery tickets or shares authorized by State law and conducted
by a State agency within the State. "Vending facility" does not include
cafeterias, restaurants, the Department of Corrections' non-vending machine
commissaries, the Department of Juvenile Justice's non-vending machine
commissaries, or commissaries and employment programs of the Division of Mental
Health or Division of Developmental Disabilities that are operated by residents
or State employees.
"Vending machine", for the purpose of assigning vending machine income under
this Act, means a coin, currency, or debit card operated machine that dispenses
articles or services, except that those machines operated by the United States
Postal Service for the sale of postage stamps or other postal products and
services, machines providing services of a recreational nature, and telephones
shall not be considered to be vending machines.
"Vending machine income" means the commissions or fees paid to the State from
vending machine operations on State property where the machines are operated,
serviced, or maintained by, or with the approval of, a State agency by a
commercial or not-for-profit vending concern that operates, services, and
maintains vending machines.
"Vendor" means a blind licensee who is operating a vending facility on State,
federal, or other property.
(Source: P.A. 96-644, eff. 1-1-10.)
(20 ILCS 2421/10)
Sec. 10. Business Enterprise Program for the Blind.
(a) The Business Enterprise Program for the Blind is created for the purposes of
providing blind persons with remunerative employment, enlarging the economic
opportunities of the blind, and stimulating the blind to greater efforts in
striving to make themselves self-supporting. In order to achieve these goals,
blind persons licensed under this Act shall be authorized to operate vending
facilities on any property within this State as provided by this Act.
It is the intent of the General Assembly that the Randolph-Sheppard Act, 20
U.S.C. Sections 107-107f, and the federal regulations for its administration set
forth in Part 395 of Title 34 of the Code of Federal Regulations, shall serve as
a model for minimum standards for the operation of the Business Enterprise
Program for the Blind. The federal Randolph-Sheppard Act provides employment
opportunities for individuals who are blind or visually impaired through the
Business Enterprise Program for the Blind. Under the Randolph-Sheppard Act, all
federal agencies are required to give priority to licensed blind vendors in the
operation of vending facilities on federal property. It is the intent of this
Act to provide the same priority to licensed blind vendors on State property by
requiring State agencies to give priority to licensed blind vendors in the
operation of vending facilities on State property and preference to licensed
blind vendors in the operation of cafeteria facilities on State property.
Furthermore it is the intent of this Act that all State agencies, particularly
the Department of Central Management Services, promote and advocate for the
Business Enterprise Program for the Blind.
(b) The Secretary, through the Director, shall continue, maintain, and promote
the Business Enterprise Program for the Blind. Some or all of the functions of
the program may be provided by the Department of Human Services. The Business
Enterprise Program for the Blind must provide that:
(1) priority is given to blind vendors in the
operation of vending facilities on State property;
(2) tie bid preference is given to blind vendors in
the operation of cafeterias on State property, unless the cafeteria operations
are operated by employees of a State agency;
(3) vending machine income from all vending machines
on State property is assigned as provided for by Section 30 of this Act;
(4) no State agency may impose any commission,
service charge, rent, or utility charge on a licensed blind vendor who is
operating a vending facility on State property unless approved by the
Department;
(5) the Department shall approve a commission to the
State agency from a blind vendor operating a vending facility on the State
property of the Department of Corrections or the Department of Juvenile Justice
in the amount of 10% of the net proceeds from vending machines servicing State
employees and 25% of the net proceeds from vending machines servicing visitors
on the State property; and
(6) vending facilities operated by the Program use
reasonable and necessary means and methods to maintain fair market pricing in
relation to each facility's given demographic, geographic, and other
circumstances.
(c) With respect to vending facilities on federal property within this State,
priority shall be given as provided in the federal Randolph-Sheppard Act, 20
U.S.C. Sections 107-107f, including any amendments thereto. This Act, as it
applies to federal property, is intended to conform to the federal Act, and is
to be of no force or effect if, and to the extent that, any provision of this
Act or any rule adopted under this Act is in conflict with the federal Act.
Nothing in this subsection shall be construed to impose limitations on the
operation of vending facilities on State property, or property other than
federal property, or to allow only those activities specifically enumerated in
the Randolph-Sheppard Act.
(d) The Secretary shall actively pursue all commissions from vending facilities
not operated by blind vendors as provided in Section 30 of this Act, and shall
propose new placements of vending facilities on State property where a facility
is not yet in place.
(e) Partnerships and teaming arrangements between blind vendors and private
industry, including franchise operations, shall be fostered and encouraged by
the Department.
(Source: P.A. 96-644, eff. 1-1-10.)
(20 ILCS 2421/15)
Sec. 15. Vending facilities on State property.
(a) In order to ensure that priority is given to blind vendors in the operation
of vending facilities on State property as provided in Section 10, the
Secretary, directly or by delegation to the Director, and the Committee shall
jointly develop rules to ensure the following:
(1) That priority is given to blind persons licensed
under this Act or under its predecessor Act (the Blind Persons Operating Vending
Facilities Act, 20 ILCS 2420/), including the assignment of vending machine
income as provided in this Act.
(2) That one or more vending facilities shall be
established on all State property to the extent feasible. Where a larger vending
facility is determined by the Director and the Committee to be infeasible, every
effort shall be made to place vending machines on the property whenever
possible. The Director and the Committee shall take into account the following
criteria when determining whether establishment of a vending facility is
feasible:
(A) the number of State employees, visitors, and
other potential facility customers on the property in a given period;
(B) the size, in square feet, of the area owned,
leased, occupied, or otherwise controlled by the State;
(C) the duration the property is expected to be
leased or occupied by the State;
(D) whether establishment of a vending facility
would adversely affect the interests of the State; and
(E) the likelihood that the vending facility
would produce an adequate net income for a blind vendor as determined by the
average income of all blind vendors in the State.
(b) Any determination by the Director, or by the State
agency controlling the property, that the placement or operation of a vending
facility is not feasible, or that the placement or operation would adversely
affect the interests of the State shall be in writing and shall be transmitted
to the Committee for review and ratification or rejection.
(c) The Secretary, through the Director, subject to the
rules developed and adopted pursuant to subsection (a) of this Section and the
requirements of federal law and regulations, is authorized to select a location
for a vending facility and the type of facility to be provided.
(d) Beginning January 1, 2010, all State agencies that:
(1) undertake to acquire any property, in whole or in
part, by ownership, rent, or lease, or that undertake to relocate to any
property, shall request a determination from the Director or his or her designee
as to whether the new property includes a satisfactory site or sites for the
location and operation of a blind vendor vending facility; or
(2) undertake to occupy a building that is to be
constructed, substantially altered, or renovated, or in the case of a building
that is already occupied by the State agency, undertake to substantially alter
or renovate that building for use by the State agency;
shall request a determination from the Director or his or
her designee as to whether that building includes a satisfactory site or sites
for the location and operation of a blind vendor vending facility.
Upon receiving a request for a determination under this
subsection (d), the Director or his or her designee and the Committee shall have
10 days in which to notify that requesting State agency as to whether the new
property or building is satisfactory or not satisfactory for the operation of a
blind vendor vending facility. A site shall be deemed to be a satisfactory site
by examining the potential customer base, including, but not limited to, State
employees, State contractual employees, and the general public. The
determination shall be based upon a site survey or any other reasonable means
enabling an accurate assessment of the location. If the property has an existing
private vendor, bottler, or vending machine operator, then the property shall be
presumed to be a satisfactory site. If the Director, in consultation with the
Committee, determines that the number of people using the location is or will be
insufficient to support a vending facility, then the Director shall determine
the property to be not satisfactory.
Upon a determination by the Director or his or her
designee and the Committee that the new property or building is satisfactory for
the operation of a blind vendor vending facility, the Director, in consultation
with the head of the State agency and in accordance with the rules developed
pursuant to subsection (a), shall inform the agency to comply with the priority
established for the operation of vending facilities by blind persons under this
Act.
(e) All State agencies shall fully cooperate with the
Department to ensure that priority is given to blind vendors in the operation of
vending facilities on State property. This includes notifying the Department
prior to the expiration of existing contracts or agreements for vending
facilities or when such contracts or agreements are considered for renewal
options. The notification must be given, when feasible, no later than 6 months
prior to the potential expiration or renewal of the existing vending facility
contract or agreement.
(Source: P.A. 96-644, eff. 1-1-10.)
(20 ILCS 2421/25)
Sec. 25. Set-aside funds; Blind Vendors Trust Fund.
(a) The Department may provide, by rule, for set-asides similar to those
provided in Section 107d-3 of the Randolph-Sheppard Act. If any funds are set
aside, or caused to be set aside, from the net proceeds of the operation of
vending facilities by blind vendors, the funds shall be set aside only to the
extent necessary in a percentage amount not to exceed that determined jointly by
the Director and the Committee and published in State rule, and that these funds
may be used only for the following purposes: (1) maintenance and replacement of
equipment; (2) purchase of new equipment; (3) construction of new vending
facilities; (4) funding the functions of the Committee, including legal and
other professional services; and (5) retirement or pension funds, health
insurance, paid sick leave, and vacation time for blind licensees, so long as
these benefits are approved by a majority vote of all Illinois licensed blind
vendors that occurs after the Department provides these vendors with information
on all matters relevant to these purposes.
(b) No set-aside funds shall be collected from a blind vendor when the monthly
net proceeds of that vendor are less than $1,000. This amount may be adjusted
annually by the Director and the Committee to reflect changes in the cost of
living.
(c) The Department shall establish, with full participation by the Committee,
the Blind Vendors Trust Fund as a separate account managed by the Department for
the State's blind vendors.
(d) Set-aside funds collected from the operation of all vending facilities
administered by the Business Enterprise Program for the Blind shall be placed in
the Blind Vendors Trust Fund, which shall include set-aside funds from
facilities on federal property. The Fund must provide separately identified
sub-accounts for moneys from (i) federal and (ii) State and other facilities, as
well as vending machine income generated pursuant to Section 30 of this Act.
These funds shall be available until expended and shall not revert to the
General Revenue Fund or to any other State account.
(e) It is the intent of the General Assembly that the expenditure of set-aside
funds authorized by this Section shall be supplemental to any current
appropriation or other moneys made available for these purposes and shall not
constitute an offset of any previously existing appropriation or other funding
source. In no way shall this imply that the appropriation for the Blind Vendors
Program may never be decreased, rather that the new funds shall not be used as
an offset.
(f) An amount equal to 10% of the wages paid by a blind vendor to any employee
who is blind or otherwise disabled shall be deducted from any set-aside charge
paid by the vendor each month, in order to encourage vendors to employ blind and
disabled workers and to set an example for industry and government. No deduction
shall be made for any employee paid less than the State or federal minimum wage.
(Source: P.A. 96-644, eff. 1-1-10.)
(20 ILCS 2421/30)
Sec. 30. Vending machine income and compliance.
(a) Except as provided in subsections (b), (c), (d), (e), and (i) of this
Section, after July 1, 2010, all vending machine income, as defined by this Act,
from vending machines on State property shall accrue to (1) the blind vendor
operating the vending facilities on the property or (2) in the event there is no
blind vendor operating a facility on the property, the Blind Vendors Trust Fund
for use exclusively as set forth in subsection (a) of Section 25 of this Act.
(b) Notwithstanding the provisions of subsection (a) of this Section, all State
university cafeterias and vending machines are exempt from this Act.
(c) Notwithstanding the provisions of subsection (a) of this Section, all
vending facilities at the Governor Samuel H. Shapiro Developmental Center in
Kankakee are exempt from this Act.
(d) Notwithstanding the provisions of subsection (a) of this Section, in the
event there is no blind vendor operating a vending facility on the State
property, all vending machine income, as defined in this Act, from vending
machines on the State property of the Department of Corrections and the
Department of Juvenile Justice shall accrue to the State agency and be allocated
in accordance with the commissary provisions in the Unified Code of Corrections.
(e) Notwithstanding the provisions of subsection (a) of this Section, in the
event a blind vendor is operating a vending facility on the State property of
the Department or Corrections or the Department of Juvenile Justice, a
commission shall be paid to the State agency equal to 10% of the net proceeds
from vending machines servicing State employees and 25% of the net proceeds from
vending machines servicing visitors on the State property.
(f) The Secretary, directly or by delegation of authority, shall ensure
compliance with this Section and Section 15 of this Act with respect to
buildings, installations, facilities, roadside rest stops, and any other State
property, and shall be responsible for the collection of, and accounting for,
all vending machine income on this property. The Secretary shall enforce these
provisions through litigation, arbitration, or any other legal means available
to the State, and each State agency in control of this property shall be subject
to the enforcement. State agencies or departments failing to comply with an
order of the Department may be held in contempt in any court of general
jurisdiction.
(g) Any limitation on the placement or operation of a vending machine by a State
agency based on a determination that such placement or operation would adversely
affect the interests of the State must be explained in writing to the Secretary.
The Secretary shall promptly determine whether the limitation is justified. If
the Secretary determines that the limitation is not justified, the State agency
seeking the limitation shall immediately remove the limitation.
(h) The amount of vending machine income accruing from vending machines on State
property that may be used for the functions of the Committee shall be determined
annually by a two-thirds vote of the Committee, except that no more than 25% of
the annual vending machine income may be used by the Committee for this purpose,
based upon the income accruing to the Blind Vendors Trust Fund in the preceding
year. The Committee may establish its budget and expend funds through contract
or otherwise without the approval of the Department.
(i) Notwithstanding the provisions of subsection (a) of this Section, with
respect to vending machines located on any facility or property controlled or
operated by the Division of Mental Health or the Division of Developmental
Disabilities within the Department of Human Services:
(1) Any written contract in place as of the effective
date of this Act between the Division and the Business Enterprise Program for
the Blind shall be maintained and fully adhered to including any moneys paid to
the individual facilities.
(2) With respect to existing vending machines with no
written contract or agreement in place as of the effective date of this Act
between the Division and a private vendor, bottler, or vending machine supplier,
the Business Enterprise Program for the Blind has the right to provide the
vending services as provided in this Act, provided that the blind vendor must
provide 10% of gross sales from those machines to the individual facilities.
(Source: P.A. 96-644, eff. 1-1-10.)
(20 ILCS 2421/40)
Sec. 40. Licenses.
(a) Licenses shall be issued only to blind persons who are qualified to operate
vending facilities. The continuing eligibility of a vendor as a blind person
shall be reviewed biennially for partially sighted individuals or whenever the
Director has information indicating the vendor is no longer blind as defined
under this Act.
(b) Following agreement by the Secretary, the Director, and the Committee, the
Secretary shall adopt and publish rules providing for (1) the requirements for
licensure as a blind vendor; (2) a curriculum for training, in-service training,
and upward mobility training for blind vendors; and (3) a regular schedule for
offering the training, classes to be offered at least once per year.
(c) Each license issued pursuant to this Section shall be for an indefinite
period as described by rule. The license of a blind vendor may be terminated or
suspended for good cause, but only after affording the licensee an opportunity
for a full and fair hearing in accordance with the provisions of this Act.
(Source: P.A. 96-644, eff. 1-1-10.)
(20 ILCS 2421/45)
Sec. 45. Committee of Blind Vendors.
(a) The Secretary, through the Director, shall provide for the biennial election
of the Committee, which shall be fully representative of all blind licensees in
the State. There shall be no fewer than one Committee member for each 15
licensed blind vendors in the State.
(b) The Committee is empowered to hire staff; contract for consultants
including, but not limited to, legal counsel; set agendas and call meetings;
create a constitution and bylaws, subcommittees, and budgets; and do any other
thing a not-for-profit organization may do through the use of the Blind Vendors
Trust Fund. At the discretion of the Committee major issues may be referred for
initial consideration to a subcommittee, or to all blind vendors in order to
ascertain their views.
(c) The Secretary shall ensure that the Committee jointly participates with the
State in the development and implementation of all policies, plans, program
development, and major administrative and management decisions affecting the
Business Enterprise Program for the Blind. The Secretary, through the Director,
shall provide to the Committee all relevant financial information and data,
including quarterly and annual financial reports, on the operation of the
vending facility program in order that the Committee may fully participate in
budget development and formulation, the establishment of set-aside levels, and
other program requirements. A copy of all completed audits, reports, and
investigations affecting the Business Enterprise Program for the Blind shall be
distributed to the Committee in a timely manner. Any implementation of changes
in administrative policy or program development that are within the discretion
of the Department shall occur only after Committee review.
(Source: P.A. 96-644, eff. 1-1-10.)
(20 ILCS 2421/50)
Sec. 50. Hearings; arbitration.
(a) Any blind vendor dissatisfied with any act or omission arising from the
operation or administration of the vending facility program may submit to the
Secretary a request for a full evidentiary hearing. This hearing shall be
provided in a timely manner by the Department. Damages, including compensatory
damages, attorney's fees, and expenses, must be paid to any operator who
prevails in the full evidentiary hearing; however, payment of damages may not be
paid from any program funds, the Blind Vendors Trust Fund, or federal
rehabilitation funds. If the blind vendor is dissatisfied with any action taken
or decision rendered as a result of the hearing, that vendor may file a
complaint for arbitration with the Secretary.
(b) If the Secretary determines that any State agency has failed to comply with
the requirements of this Act, the Secretary must establish a panel to arbitrate
the dispute and the decision of the panel shall be final and binding on the
parties. Any arbitration panel convened by the Secretary shall be composed of 3
members, appointed as follows:
(1) one individual appointed by the Secretary;
(2) one individual appointed by the State agency
determined by the Secretary to be in noncompliance with the Act; and
(3) one individual, who shall serve as chairperson,
jointly designated by the members appointed under items (1) and (2); provided
that, if within 30 days following the Secretary's determination of noncompliance
either party fails to appoint a panel member, or if the parties are unable to
agree on the appointment of the chairperson, the Secretary shall select the
final panel member or may designate a hearing officer of the Department who
shall preside.
(c) The Secretary may issue a letter of reprimand to a blind vendor who violates
program rules or policy. Depending upon the seriousness of the alleged
violation, the letter of reprimand may indicate the intention to suspend or
terminate the license of the vendor. All reprimand letters shall be sent in a
medium accessible by the vendor, and shall be sent by certified mail, return
receipt requested. The Secretary must make every reasonable effort to assist the
subject vendor to correct the problem for which the vendor is reprimanded. No
process to suspend or terminate a license shall be initiated before the vendor
is accorded the opportunity for a full evidentiary hearing as provided under
subsection (a). A vendor may be summarily removed from a facility only in an
emergency.
(Source: P.A. 96-644, eff. 1-1-10.)
(20 ILCS 2421/60)
Sec. 60. General provisions.
(a) Blind vendors operating vending facilities are subject to the applicable
license or permit requirements of the county or municipality in which the
facility is located necessary for the conduct of their business.
(b) Vendors licensed pursuant to this Act are authorized to keep guide animals
with them while operating vending facilities subject to public health laws and
rules.
(c) The Secretary, the Director, and the Committee shall cooperate in the
development of rules to be promulgated by the Department regarding life
standards for vending facility equipment. Such rules shall include, but are not
limited to, the life expectancy of equipment; time periods within which
equipment should be replaced; exceptions to the replacement time periods for
equipment with no service problem history; and replacement schedules for
equipment subject to excessive failures not the fault of the vendor.
(d) The Secretary, through the Director, shall assign adequate personnel to
carry out duties related to the administration and management of this Act. In
selecting personnel to fill any program position under this subsection, the
Secretary shall ensure that the Committee has full advance opportunity to review
the selections, to submit comments thereon, and to assess the adequacy of
staffing levels for the program.
(e) The Secretary shall provide each vendor access to: all financial
information, his or her performance ratings, and all other individual personnel
documents and data maintained by the Department. This includes providing each
vendor a written copy of all rules and policies adopted pursuant to this Act.
Upon request, the information shall be furnished in the medium most accessible
by the vendor.
(f) The surviving spouse of a current Illinois licensed blind vendor who dies
may continue to operate the facility for a period of 6 months following the
death of the vendor, provided that the surviving spouse is qualified by
experience or training to manage the facility.
(g) The Secretary shall, by rule, require licensed blind vendors to obtain
additional training to operate a blind vending facility for State property
determined by a State agency to be high security property.
(Source: P.A. 96-644, eff. 1-1-10.)
(20 ILCS 2421/65)
Sec. 65. Program rules.
(a) The Secretary shall promulgate and adopt necessary rules, and do all things
necessary and proper to carry out this Act. The Secretary by delegation shall
review these rules with the Committee at least every 3 years.
(b) The rules shall include, but are not limited to, the following: (1) uniform
procedures for vendor licensing and termination; (2) criteria and standards for
selecting vendors and matching them to facilities to ensure that the most
qualified person is selected; (3) equipment life standards and service standards
for the inventory, repair, and purchase of equipment; (4) minimum requirements
for the establishment of a vending facility; (5) standards for training,
in-service training, and upward mobility; and (6) policies and procedures for
the collection, deposit, reimbursement, and use of all program income, including
vending machine income.
(Source: P.A. 96-644, eff. 1-1-10.)
(20 ILCS 2421/70)
Sec. 70. Property Survey and Report.
(a) The Department shall survey and report on State property and vending
facilities not later than December 31, 2010. The report shall contain the
following information:
(1) A list of all State property or other property
within the State that does or reasonably could accommodate a vending facility as
provided for in this Act or as provided for in the federal Randolph-Sheppard
Act.
(2) For the buildings or locations that have vending
facilities or vending machines in place, an indication of the facilities
operated by licensed blind vendors under the Business Enterprise Program for the
Blind and an indication of the facilities operated by private entities.
(3) For the vending facilities or vending machines
operated by private entities, an indication of the facilities from which
commissions for the Business Enterprise Program for the Blind have been or are
being collected.
(4) For the buildings or other property that do not
have vending facilities in place, an indication of the locations where a vending
facility could appropriately be placed, or the reasons why a vending facility is
not feasible in the building or property.
(b) The Department shall obtain all available
information and conduct a survey, before June 30 of every odd-numbered year
after the effective date of this Act. This survey shall identify but not be
limited to the following information:
(1) The number and identity of the buildings owned,
leased, acquired, or occupied by the State.
(2) The number and identity of the State buildings
where vending facilities or vending machines are located.
(3) The number of employees located in or visiting
these buildings during normal working hours.
(4) The usable interior square footage of the
building; and
(5) Any other information the Department may
determine to be useful in expanding the Business Enterprise Program for the
Blind to the maximum extent feasible consistent with the purposes of this Act.
(c) All State agencies controlling State property or
parts thereof where vending machines or vending facilities are located must
cooperate with the Department by providing information on the vending machines
or facilities at those locations. This information shall include, but is not
limited to, the terms of contracts for vending, including financial terms, and
the disbursement practices for vending machine income. The Department shall
incorporate this information in its reports and updates.
(d) The Department shall use the reports and updates
mandated by this Section to develop greater opportunities for the placement of
blind vendors, to increase vending machine income to the program, and to aid in
establishing vending machines and facilities on State property.
(e) The reports and surveys prepared pursuant to this
Section shall be provided to the Committee and to the appropriate committees of
the General Assembly.
(Source: P.A. 96-644, eff. 1-1-10.)
(20 ILCS 2421/90)
Sec. 90. The Blind Persons Operating Vending Facilities Act is repealed.
(Source: P.A. 96-644, eff. 1-1-10.)
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