EXECUTIVE SUMMARY  

The Illinois Mini-Randolph-Sheppard Act of 2005  

            This legislation is designed to replace the existing Illinois law governing the blind vending facility program in the State (20 ILCS 2420, the “Blind Persons Operating Vending Facilities Act”).  The legislation is patterned very closely on the California blind vendor statute.  It expands upon existing law, provides additional rights and job opportunities to blind persons, and conforms state law more closely to the Federal Randolph-Sheppard Act (20 U. S. C. §§107-107f.). 

             Priority on State Property.  Like Federal law, the proposed legislation grants a priority to blind vendors in the operation of vending facilities on state property, and provides that wherever feasible, one or more blind vending facilities shall be established on all such property.  Any limitation on the priority must be thoroughly justified.  

            Blind Vendors Trust Fund.  A trust fund containing set-aside payments, if any, from the net proceeds of blind vendors to help operate the vending facility program, and any income from vending machines on Federal or state property.  The funds may be used for maintenance and replacement of equipment, purchase of new equipment, construction of new vending facilities, funding the functions of the Illinois Committee of Blind Vendors, and retirement or pension plans, health insurance, and sick leave and vacation time for blind vendors.  

            Vending Machine Income.  All income from vending machines on state property is to accrue to the blind vendor operating a vending facility on that property, and if there is no vendor, the income goes to the trust fund for the blind vendors’ program.  The Committee of Blind Vendors is entitled to use up to 25 percent of the income for its operations, including professional services.  

            Committee of Blind Vendors.  The bill ensures full adherence to the Federal law by reinforcing the authority of the Committee of Blind Vendors to make joint decisions on a wide variety of program, policy, and administration matters with the State licensing agency, the Business Enterprise Program for the Blind.  

            Due Process Provisions.  Blind vendors are assured protection of their rights through evidentiary hearings and appeals.  Hearing officers are authorized to award compensatory damages.  The Department of Human Resources may bring enforcement proceedings against any state department or agency that fails or refuses to comply with the law.  

            Property Survey and Reports.  The Department of Human Resources is required to survey all state buildings and vending facilities, including vending machines on state property, to determine where blind vending facilities could be established, and to identify vending machine income not currently provided to the blind vendor program.