Illinois General Assembly - Bill Status for SB2330

Creates the Blind Vendors Act. Provides that the Department of Human Services, Bureau of Blind Services, shall operate and promote the Business Enterprise Program for the Blind. Sets forth that the federal Randolph-Sheppard Act and the regulations adopted pursuant to that Act shall serve as the minimum standards for the operation of the Business Enterprise Program for the Blind. Provides that under the Program: (1) blind vendors have priority in the operation of all vending facilities on State property; (2) vending machine income from all vending machines on State property shall be assigned to the blind vendor on the property or to the Blind Vendors Trust Fund; (3) no State agency may impose any commission, service charge, rent, or utility charge on a blind vendor operating on State property; (4) sales made at a blind vendor's vending facility are exempt from all occupation and use taxes; and (5) State agencies may not allow competition with a blind vendor. Sets forth that the Bureau Director for the Bureau of the Blind and the Committee of Blind Vendors shall jointly develop regulations to ensure that priority is given to blind vendors in the operation of vending facilities on State property. Provides that the Department may provide for set-asides of the net proceeds of vending operations under certain conditions. Requires set-aside funds to be deposited in the Blind Vendors Trust Fund, a separate account managed by the Department for the State's blind vendors. Sets forth provisions for the distribution of vending machine income from vending machines on State property. Provides certain conditions for the licensing of blind vendors. Creates the Committee of Blind Vendors to jointly participate in the development and implementation of all policies, plans, and major decisions affecting the Business Enterprise Program for the Blind. Sets forth provisions for the composition of the Committee. Provides certain procedures for the resolution of disputes arising within the Program. Provides for the promulgation of regulations relating to the operation of this Act. Requires the Department to make regular surveys and reports on State property and vending facilities. Sets forth conditions and information to be contained in the surveys and reports. Preempts home rule powers. Repeals the Blind Persons Operating Vending Facilities Act. Amends the Use Tax Act, Service Use Tax Act, Service Occupation Tax Act, and Retailers' Occupation Tax Act to provide that personal property purchased from a blind vendor's vending facility licensed by the Department of Human Services under the Blind Vendors Act is exempt from the taxes imposed by those Acts and that these exemptions are not subject to the sunset provisions of those Acts.

Provides that the surveys and reports on vending facilities required by the Department of Human Services under the Act must occur not later than December 31, 2006 (instead of not later than December 31, 2005).

Deletes everything after the enacting clause. Reinserts the provisions of the bill as amended. Provides that this Act does not apply to the "State Fairgrounds" as defined in the State Fair Act, any Department of Natural Resources subcontract, or the World Shooting and Recreation Complex. Requires each State Agency permitting the operation of vending facilities on State property to ensure strict adherence to the priority established for the operation of vending facilities by blind persons pursuant to this Act. Provides, in a Section prohibiting competition with a blind vendor, that this prohibition does not include bake sales or other non-commercial fund raising activities. Sets forth certain provisions with respect to the effect of this Act on existing vending contracts for vending machines at the Division of Developmental Disabilities and the Division of Mental Health within the Department of Human Services. Effective immediately.

Provides that with respect to written contracts between certain divisions of the Department of Human Services and a private vendor, bottler, or vending machine supplier the Business Enterprise Program for the Blind has the right to provide the services at those facilities upon completion of the existing contract or upon material breach of that contract if the Program matches or exceeds the existing financial terms of the completed or breached contract.

Deletes everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Makes changes to certain definitions in the Act. Provides that the purpose of the Business Enterprise Program for the Blind is to provide the same priority to licensed blind vendors on State property as federally required under the Randolph-Sheppard Act 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, unless the cafeteria operations are operated by employees of a State agency. Requires this Program to provide that tie bid preference is given to blind vendors in the operation of cafeterias on State property. Deletes provisions prohibiting competition with a blind vendor, requiring the Department to take all feasible steps to encourage vending by blind vendors, and exempting the State Fairgrounds, any Department of Natural Resources subcontracts, and the World Shooting and Recreation Complex from complying with the requirements of the Act. Deletes changes to the Use Tax Act, Service Use Tax Act, Service Occupation Tax Act, and Retailers' Occupation Tax Act exempting sales made at a blind vendor's vending facility from all occupation and use taxes. Provides that beginning January 1, 2007, any State agency that undertakes to acquire any property, in whole or in part, by ownership, rent, or lease, or that relocates to any property, or that undertakes 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, is to be substantially altered or renovated for use by the State agency, must 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. Provides that upon receiving a request for this satisfactory site determination, the Director or his or her designee and the Committee shall have 10 days in which to notify the State agency as to whether the new property or building is satisfactory or not satisfactory for the operation of a blind vendor vending facility. Sets forth additional conditions for this determination and conditions applicable upon the making of this determination. Changes the date when vending machine income from vending machines on State property shall accrue to blind vendors to July 1, 2007 (now January 1, 2006). Deletes provisions relating to vending machines located on property controlled by the Department of Human Services. Deletes authorization for the Committee of Blind Vendors to be exempt from State ethics, sunshine, or procurement laws. Makes other changes.

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