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Public Act 096-0644 |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Blind | ||||
Vendors Act. | ||||
Section 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
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a cafeteria and table or booth seating facilities are always | ||
provided.
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"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
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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.
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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 | ||
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
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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.
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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. | ||
(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. | ||
Section 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. | ||
Section 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.
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(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. | ||
Section 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
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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.
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Section 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. | ||
Section 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. | ||
Section 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. | ||
Section 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. | ||
Section 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. | ||
Section 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.
| ||
(20 ILCS 2420/Act rep.)
| ||
Section 90. The Blind Persons Operating Vending Facilities | ||
Act is repealed.
|