2005 Illinois Code - Chapter 20 Executive Branch 20 ILCS 2420/ Blind Persons Operating Vending Facilities Act.
(20 ILCS 2420/0.01) (from Ch. 23, par. 3330)
Sec. 0.01.
Short title.
This Act may be cited as the
Blind Persons Operating Vending Facilities Act.
(Source: P.A. 86‑1324.)
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(20 ILCS 2420/1) (from Ch. 23, par. 3331)
Sec. 1.
Declaration of policy.)
It is the policy of this State that blind persons be given opportunity
to operate vending facilities and be employed by the operators of vending
facilities in public buildings and parks and on other public and
private property 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 and of relieving the public of
responsibility for their financial support.
(Source: P.A. 79‑981.)
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(20 ILCS 2420/2) (from Ch. 23, par. 3332)
Sec. 2.
Definitions.
As used in this Act, unless
otherwise indicated, the terms below mean:
1. "Department" means the Department of Human
Services;
2. "Secretary" means the Secretary of Human Services;
3. "Vending Facility" means, but is not limited to, automatic
vending machines, manually operated snackbars, cafeterias, cart service,
shelters, counters, portable and semi‑portable structures, and such
other appropriate auxiliary equipment as the Secretary may
prescribe by regulation as being necessary for the sale of foods, beverages,
products and other articles or services dispensed or provided
automatically or manually and prepared on or off the premises;
4. "Blind Person" means a person whose central visual acuity
does not exceed 20/200 in the better eye with corrective lenses or
whose visual acuity, if better than 20/200, is accompanied by a
limit to the field of vision in the better eye such 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 an ophthalmologist or by an optometrist, whichever the
individual shall select;
5. "Operator" means a self‑employed blind person licensed
by the Department to operate a vending facility.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 2420/3) (from Ch. 23, par. 3333)
Sec. 3.
Cooperation with the Department.) Each officer
and employee, hereinafter referred to as property custodian, of a
department, agency, board, commission, educational institution,
hospital or other branch of the State or local governmental unit or
school district or instrumentalities thereof, who is charged with the
responsibility of permitting the operation of vending facilities on any
public property shall cooperate with the Department in its program
to return trained and qualified blind persons to remunerative employment
and to assist the Department in making a survey of possibilities
for the operation by such blind persons and the employment of such
blind persons in the operation of vending facilities on public
property over which he exercises authority. Such property
custodians shall give preference to blind persons
when granting permission to operate a
vending facility where the Secretary determines that such
vending facility can be properly and satisfactorily operated by blind persons.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 2420/4) (from Ch. 23, par. 3334)
Sec. 4.
Additional consideration.) To further effectuate
the purpose of this Act, during the early planning stages of new
construction, remodeling, leasing, acquisition or improvement of
property occupied or to be occupied by a State agency or instrumentality,
property custodians shall, in consultation with the Department, give
due consideration to the planning and making available on such
property suitable space, wiring, plumbing, and other
facilities for vending facilities to be operated by blind persons.
(Source: P.A. 82‑549.)
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(20 ILCS 2420/5) (from Ch. 23, par. 3335)
Sec. 5.
Non‑profit corporations as trustees of vending facility
program; Reimbursement of expenses. The Department may, in its
discretion, utilize appropriate not for profit corporations organized
under the laws of this State, or other agencies, as trustees to
provide day‑to‑day management and supervisory services for the
Illinois vending facility program for the blind. The corporations
and other agencies providing services and benefits as designated trustees shall
be reimbursed for their actual and necessary expenses by the operators of the
vending facility units which comprise the Illinois vending facility program for
the blind and by federal matching funds, pursuant to the provisions of the
Disabled Persons Rehabilitation Act
and the federal Rehabilitation Act of 1973, as now or hereafter
amended. Payments made by the operators for the foregoing purpose and other
lawful purposes shall be in amounts, in addition to federal matching funds,
reasonably necessary for the conducting of the program and shall be determined
from time to time by the Department and such advisory bodies as may be
appointed by the Secretary.
(Source: P.A. 89‑507, eff. 7‑1‑97; 89‑626, eff. 8‑9‑96.)
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(20 ILCS 2420/6) (from Ch. 23, par. 3336)
Sec. 6.
Acceptance of Federal Acts ‑ Designation as
State Licensing Agency.) The State of Illinois hereby accepts the Acts
of Congress as now or hereafter amended applicable to the administration
of the Illinois vending facilities program for blind persons. The
Department is hereby authorized to act and to function as the Licensing
Agency for this State in accordance with its designation by
the Secretary of the United States Department of
Education.
The Department shall license qualified blind persons to
operate businesses on public property and shall, by means of appropriate
certification, indicate each operator's qualification to operate various
types of businesses in accordance with this Act and the
rules and regulations adopted pursuant thereto.
(Source: P.A. 85‑1309.)
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(20 ILCS 2420/7) (from Ch. 23, par. 3337)
Sec. 7.
Rules and regulations ‑ Administrative procedures ‑ Judicial
review. The Secretary may prescribe rules and
regulations for the administration of the vending facilities program for the
blind. Such rules and regulations shall be consistent with pertinent Federal
Acts.
The Secretary shall prescribe rules and regulations
establishing procedures which will protect the rights and interests of blind
persons licensed by the Department.
The provisions of the Administrative Review Law,
and all amendments and modifications thereof, and the rules adopted pursuant
thereto shall apply to and govern all proceedings for the judicial review
of final administrative decisions made under this Act.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 2420/8) (from Ch. 23, par. 3338)
Sec. 8.
The Department shall assign any available vending facility to
an operator in the following manner:
(A) An objective set of criteria promulgated by rules and regulations
adopted pursuant to the Illinois Administrative Procedure Act.
(B) The Department shall notify all licensed operators in writing of the
availability of any vending facilities within the program as far in advance
as is practicable. Such notice shall include a description of the type
of facility, its characteristics, and its geographic location, the type
of building in which the facility is located, date of availability,
anticipated income or income experience, contractual considerations such as
hours, price limitations or subsidies, if any, business telephone number of
the current operator, when applicable, and availability of public
transportation. The notice shall contain a deadline for responses which is
no less than 14 days after its issuance.
(C) The Department shall consider as qualified only bids received from
operators who have received certification fitting the description of the
facility contained in the notice. In this manner, a list of qualified
bidders shall be formed, and the facility shall be offered to the most
qualified bidder.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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