Bill Text: IL SB2045 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Creates the Blind Vendors Act. Creates the Business Enterprise Program for the Blind and provides that the Secretary of Human Services, through the Bureau Director of the Bureau for the Blind in the Department of Human Services, shall continue, maintain, and promote the Program. Provides that the Program must provide that: priority is given to blind vendors in the operation of vending facilities on State property; 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; vending machine income from all vending machines on State property is assigned as provided in the Act; no State agency may impose a commission, service charge, rent, or utility charge on a licensed blind vendor who is operating a vending facility on State property; and 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. Contains provisions concerning: intent; compliance with federal law; rules; establishment of vending facilities on State property; other vending facilities; creation of a Blind Vendors Trust Fund as a separate account managed by the Department of Human Services for the State's blind vendors; set-aside funds; vending machine income; issuance of licenses; creation of a Committee of Blind Vendors to participate in the development and implementation of all policies, plans, program development, and major administrative and management decisions affecting the Program; hearings; arbitration; reports and surveys; and other matters. Repeals the Blind Persons Operating Vending Facilities Act.

Spectrum: Slight Partisan Bill (Democrat 9-3)

Status: (Passed) 2009-08-24 - Public Act . . . . . . . . . 96-0644 [SB2045 Detail]

Download: Illinois-2009-SB2045-Enrolled.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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

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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

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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.

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"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

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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.
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

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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

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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,

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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.

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(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

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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

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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

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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

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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

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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

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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

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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

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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.
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

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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

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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

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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

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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.

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(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.

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(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

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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

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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.